Opinion
No. A-1-CA-36896
02-19-2019
STATE OF NEW MEXICO, Plaintiff-Appellee, v. MARIO GOMEZ, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM Lauren J. Wolongevicz, Assistant Attorney General Albuquerque, NM for Appellee L. Helen Bennett, P.C. L. Helen Bennett Albuquerque, 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 DOÑA ANA COUNTY
Fernando R. Macias, District Judge Hector H. Balderas, Attorney General
Santa Fe, NM
Lauren J. Wolongevicz, Assistant Attorney General
Albuquerque, NM for Appellee L. Helen Bennett, P.C.
L. Helen Bennett
Albuquerque, NM for Appellant
MEMORANDUM OPINION
HANISEE, Judge. {1} Defendant appeals following the district court entering judgment against him that included a requirement that Defendant pay restitution to the Metro Narcotics Agency Contingency Fund. On appeal, Defendant contends that the district court's requirement that Defendant pay restitution was not a proper legal remedy in this case and/or, "even if restitution is found to be proper, [he] should not be required to pay restitution on dismissed conspiracy counts." [DS 3] This Court issued a second calendar notice proposing to conclude that, because Defendant was only convicted on one count of trafficking and the remaining two conspiracy to commit trafficking charges were dismissed, only $150 of restitution was proper. {2} In response, the State has filed a notice indicating that it will not file a memorandum in opposition to this Court's second calendar notice, and Defendant has filed a memorandum in opposition continuing to argue that the Metro Narcotics Agency cannot be a "victim" for the purpose of restitution. As Defendant makes no new arguments regarding restitution, see State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (providing that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superceded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374, we proceed with summary affirmance, in part, and summary reversal, in part.
{3} IT IS SO ORDERED.
/s/ _________
J. MILES HANISEE, Judge
WE CONCUR:
/s/ _________
LINDA M. VANZI, Judge /s/ _________
JULIE J. VARGAS, Judge