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State v. Andrade

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Jun 12, 2019
No. A-1-CA-37826 (N.M. Ct. App. Jun. 12, 2019)

Opinion

No. A-1-CA-37826

06-12-2019

STATE OF NEW MEXICO, Plaintiff-Appellee, v. AMANDA ANDRADE, Defendant-Appellant.

Hector H. Balderas, Attorney General M. Anne Kelly, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant


This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.

APPEAL FROM THE DISTRICT COURT OF DONA ANA COUNTY
Conrad Frederick Perea, District Judge

Hector H. Balderas, Attorney General
M. Anne Kelly, Assistant Attorney General
Santa Fe, NM

for Appellee

Bennett J. Baur, Chief Public Defender
Santa Fe, NM

for Appellant

MEMORANDUM OPINION

VANZI, Judge.

{1} Defendant appeals from a district court order dismissing her de novo appeal from magistrate court. We issued a calendar notice proposing to reverse, because the district court failed to hold a show cause hearing before dismissal, which is required by Rule 5-828(B) NMRA. The State has responded with a notice of non-filing of a memorandum in opposition because it concurs. Accordingly, we reverse the dismissal order and to remand for purposes of holding a show cause hearing.

{2} IT IS SO ORDERED.

LINDA M. VANZI, Judge

WE CONCUR:

J. MILES HANISEE, Judge

KRISTINA BOGARDUS, Judge


Summaries of

State v. Andrade

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Jun 12, 2019
No. A-1-CA-37826 (N.M. Ct. App. Jun. 12, 2019)
Case details for

State v. Andrade

Case Details

Full title:STATE OF NEW MEXICO, Plaintiff-Appellee, v. AMANDA ANDRADE…

Court:COURT OF APPEALS OF THE STATE OF NEW MEXICO

Date published: Jun 12, 2019

Citations

No. A-1-CA-37826 (N.M. Ct. App. Jun. 12, 2019)