Opinion
A-1-CA-39217
08-17-2021
STATE OF NEW MEXICO, Plaintiff-Appellee, v. JOSHUA LOYD, Defendant-Appellant.
Hector H. Balderas, Attorney General Laurie K. Blevins, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Mary Barket, Assistant Appellate Defender Santa Fe, NM for Appellant
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.
APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Matthew E. Chandler, District Judge
Hector H. Balderas, Attorney General
Laurie K. Blevins, Assistant Attorney General
Santa Fe, NM
for Appellee
Bennett J. Baur, Chief Public Defender
Mary Barket, Assistant Appellate Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
J. MILES HANISEE, CHIEF JUDGE
{¶ 1} Defendant appeals from his possession of a controlled substance conviction set forth in the district court's judgment and sentence. This Court entered a notice of proposed disposition, proposing to summarily affirm. Defendant filed a memorandum in opposition and motion to amend the docketing statement. We then entered a second notice of proposed disposition, proposing to summarily reverse Defendant's conviction and order a new trial. Subsequently, the State filed with this Court a notice that it will not be filing a memorandum in opposition to this Court's second notice of proposed disposition. Accordingly, for the reasons stated in our second notice of proposed disposition and herein, we reverse the district court's judgment and sentence, vacate Defendant's conviction of possession of a controlled substance, and remand to the district court for a new trial.
{¶ 2} IT IS SO ORDERED.
WE CONCUR: KRISTINA BOGARDUS, Judge, JANE B. YOHALEM, Judge