Opinion
S-1-SC-38221
06-17-2024
PEARL GONZALES, Plaintiff-Appellee, v. MARGARET SALAZAR, Defendant-Appellant.
New Mexico Legal Aid, Inc. Tom Prettyman Albuquerque, NM for Appellant Pearl Gonzales Pro se Albuquerque, NM for Appellee
CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS Clay Campbell, District Judge
New Mexico Legal Aid, Inc. Tom Prettyman Albuquerque, NM for Appellant
Pearl Gonzales Pro se Albuquerque, NM for Appellee
DISPOSITIONAL ORDER OF REVERSAL
PER CURIAM.
{¶ 1}WHEREAS, on February 1, 2022, the Court accepted certification and held this matter in abeyance pending this Court's disposition in Padilla v. Torres, No. S-1-SC-35619;
{¶ 2}WHEREAS, this Court issued an opinion in Padilla on February 5, 2024, reversing and remanding that matter to the metropolitan court for a new trial, see Padilla v. Torres, 2024-NMSC-007, ¶ 2__, P.3d __;
{¶ 3}WHEREAS, the Court concludes that the issues presented in this matter are addressed by the Court's opinion in Padilla;
{¶ 4 } WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B) NMRA to dispose of this matter by nonprecedential order; and
{¶ 5} WHEREAS, the Court having considered the foregoing and being sufficiently advised;
{¶ 6} NOW, THEREFORE, IT IS ORDERED that the Court's February 1, 2022, order is WITHDRAWN as to the abeyance; and
{¶ 7} IT IS FURTHER ORDERED that the district court is reversed and this matter is remanded to the metropolitan court for a new trial in accordance with Padilla.
{¶8} IT IS SO ORDERED.
WE CONCUR: DAVID K. THOMSON, Chief Justice MICHAEL E. VIGIL, Justice C. SHANNON BACON, Justice JULIE J. VARGAS, Justice BRIANA H. ZAMORA, Justice