On April 4, 2007, the New Mexico Court of Appeals issued two opinions - one memorandum opinion (unpublished) affirming Mr. Bounds' conviction ([Doc. 11-3, Exhibit O]), and one formal opinion, published at State v. Bounds, 2007-NMCA-062, 141 N.M. 651, 159 P.3d 1136, finding that Mr. Bounds' sentence violated the Sixth Amendment because the enhancement should have been based on findings made by a jury using the reasonable doubt standard, and remanding the case to the trial court to impose a sentence consistent with the United States Supreme Court decision in Cunningham v. California, 549 U.S. 270 (2007). [Doc. 11-3, Exhibit P]. On April 13, 2007, the State of New Mexico filed a petition for a writ of certiorari with the New Mexico Supreme Court based on the New Mexico Court of Appeals' opinion regarding Mr. Bounds' sentence enhancement.