Opinion
No. A-1-CA-36401
12-13-2017
STATE OF NEW MEXICO, Plaintiff-Appellee, v. JOSEPH S. STEWARD, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender William A. O'Connell, Assistant Appellate Defender Santa Fe, NM for Appellant
This memorandum opinion was not selected for publication in the New Mexico Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 CURRY COUNTY
Matthew E. Chandler, District Judge Hector H. Balderas, Attorney General
Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender
William A. O'Connell, Assistant Appellate Defender
Santa Fe, NM for Appellant
MEMORANDUM OPINION
SUTIN, Judge. {1} Defendant Joseph S. Steward appeals from his convictions, after a jury trial, of assault on a peace officer, contrary to NMSA 1978, Section 30-22-21 (1971); and two counts of evading or obstructing an officer, contrary to NMSA 1978, Section 30-22-1 (C), (D) (1981). In this Court's notice of proposed disposition, we proposed to summarily affirm. Defendant filed a memorandum in opposition that we have duly considered. Remaining unpersuaded, we affirm. {2} In his memorandum in opposition, Defendant asserts no facts, law, or arguments that are not otherwise addressed by this Court's notice of proposed disposition. 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point out errors of law and fact" and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. We therefore refer Defendant to our analyses therein. {3} Additionally, with regard to Defendant's double jeopardy argument, we reiterate that the present case is distinguishable from State v. LeFebre, 2001-NMCA-009, 130 N.M. 130, 19 P.3d 825, as discussed in our calendar notice. [See CN 14-15] We disagree with Defendant's contention that his acts of driving away from the officer and refusing to stop his vehicle, and his acts of pulling away from the officer after he grabbed Defendant's arm and sitting down on a couch and refusing to comply with the officer's instructions to go outside, constitute one course of flight from the police. [MIO 13] Indeed, as discussed in our calendar notice, the first set of acts constitutes fleeing, whereas the second set of acts constitutes abusing and physically resisting police. [See CN 14-15] Thus, as discussed more fully in our calendar notice, there was no double jeopardy violation. {4} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm Defendant's convictions.
{5} IT IS SO ORDERED.
/s/ _________
JONATHAN B. SUTIN, Judge
WE CONCUR:
/s/ _________
M. MONICA ZAMORA, Judge /s/ _________
JULIE J. VARGAS, Judge