Opinion
No. A-1-CA-37981
03-09-2021
STATE OF NEW MEXICO, Plaintiff-Appellee, v. TOMMY HERBURGER, Defendant-Appellant.
Hector H. Balderas, Attorney General Maris Veidemanis, 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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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 SANTA FE COUNTY
T. Glenn Ellington, District Judge
Hector H. Balderas, Attorney General
Maris Veidemanis, Assistant Attorney General
Santa Fe, NM
for Appellee
Bennett J. Baur, Chief Public Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
HANISEE, Chief Judge.
{1} Defendant appeals his convictions for aggravated assault with a deadly weapon (firearm) and shooting at or from a motor vehicle. This Court issued a notice of proposed disposition, proposing to summarily reverse and remand to the district court. The State filed a response to our calendar notice, stating that it "will not be filing a memorandum in opposition[.]" Accordingly, and for the reasons stated in our notice of proposed disposition, we reverse and remand for further proceedings consistent with our calendar notice.
{2} IT IS SO ORDERED.
J. MILES HANISEE, Chief Judge
WE CONCUR:
JENNIFER L. ATTREP, Judge
BRIANA H. ZAMORA, Judge