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State v. Martinez

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Mar 28, 2012
NO. 31,242 (N.M. Ct. App. Mar. 28, 2012)

Opinion

NO. 31,242

03-28-2012

STATE OF NEW MEXICO, Plaintiff-Appellant, v. JOSEPH MARTINEZ, Defendant-Appellee.

Gary K. King, Attorney General Margaret McLean, Assistant Attorney General Joel Jacobsen, Assistant Attorney General Santa Fe, NM for Appellant Bregman & Loman, P.C. Eric Loman Albuquerque, NM for Appellee


This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Denise Barela Shepherd, District Judge

Gary K. King, Attorney General

Margaret McLean, Assistant Attorney General

Joel Jacobsen, Assistant Attorney General

Santa Fe, NM

for Appellant

Bregman & Loman, P.C.

Eric Loman

Albuquerque, NM

for Appellee

MEMORANDUM OPINION

VANZI, Judge.

Appellant's Motion for Rehearing is granted. The memorandum opinion filed in this case on February 15, 2012, is hereby withdrawn, and this opinion is substituted in its place.

Summary affirmance was proposed for the reasons stated in the notice of proposed disposition. The State has informed us that it does not oppose the proposed result, although it has also asked us to provide clarification on a single point. As requested, we clarify that we do not decide what effect, if any, the trial court's order has on the alleged victim's right to freely testify in any future proceeding.

AFFIRMED.

IT IS SO ORDERED.

________________

LINDA M. VANZI , Judge

WE CONCUR:

________________

JAMES J. WECHSLER, Judge

________________

JONATHAN B. SUTIN, Judge


Summaries of

State v. Martinez

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Mar 28, 2012
NO. 31,242 (N.M. Ct. App. Mar. 28, 2012)
Case details for

State v. Martinez

Case Details

Full title:STATE OF NEW MEXICO, Plaintiff-Appellant, v. JOSEPH MARTINEZ…

Court:COURT OF APPEALS OF THE STATE OF NEW MEXICO

Date published: Mar 28, 2012

Citations

NO. 31,242 (N.M. Ct. App. Mar. 28, 2012)