Opinion
NO. 34,389
09-22-2015
STATE OF NEW MEXICO, Plaintiff-Appellee, v. DUSTIN EAST, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellee Jorge A. Alvarado, Chief Public Defender Allison H. Jaramillo, 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 CHAVES COUNTY
Steven L. Bell, District Judge
Hector H. Balderas, Attorney General
Santa Fe, NM
M. Anne Kelly, Assistant Attorney General
Albuquerque, NM
for Appellee Jorge A. Alvarado, Chief Public Defender
Allison H. Jaramillo, Assistant Appellate Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
GARCIA, Judge. {1} Defendant is appealing from a district court order revoking his probation. We issued a second calendar notice continuing to propose to affirm on the sole issue raised in the docketing statement, relating to pre-sentence confinement credit. We granted Defendant's motion amend the docketing statement to add a challenge to the length of parole imposed in the judgment, and we proposed to reverse on that issue. Defendant has filed a notice indicating that he will not file a memorandum in opposition. [Ct. App. file at purple clip] The State has filed a response indicating that it agrees with our analysis on the parole issue. Accordingly, we reverse on the length of parole issue, and we affirm the appeal in all other respects.
IT IS SO ORDERED.
/s/ _________
TIMOTHY L. GARCIA, Judge
WE CONCUR:
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JONATHAN B. SUTIN, Judge
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RODERICK T. KENNEDY, Judge