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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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