Opinion
A-1-CA-39764
12-01-2021
STATE OF NEW MEXICO, Plaintiff-Appellee, v. JOSE BENABE SALAZAR, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM for Appellee. Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.
APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Fred T. Van Soelen, District Judge.
Hector H. Balderas, Attorney General Santa Fe, NM for Appellee.
Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant
MEMORANDUM OPINION
ZACHARY A. IVES, JUDGE.
{¶1} Defendant appeals from the revocation of his probation. We issued a notice of proposed disposition, in which we proposed to summarily affirm. Defendant filed a memorandum in opposition, which we have duly considered. We remain unpersuaded that Defendant has shown error, and we therefore affirm the ruling of the district court.
{¶2} Defendant has not presented any facts, authority, or argument in his memorandum in opposition that persuade this Court that our proposed summary disposition was incorrect. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 ("Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law."); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374.
{¶3} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm.
{¶4} IT IS SO ORDERED.
WE CONCUR: JENNIFER L. ATTREP, Judge, JANE B. YOHALEM, Judge.