Opinion
No. 32,424
04-28-2015
STATE OF NEW MEXICO, Plaintiff-Appellant, v. JUAN CARLOS MARTINEZ, Defendant-Appellee.
Hector H. Balderas, Attorney General Margaret McLean, Assistant Attorney General Santa Fe, NM for Appellant Jorge A. Alvarado, Chief Public Defender Kimberly Chavez-Cook, Assistant Appellate Defender Santa Fe, NM for Appellee
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 DONA ANA COUNTY
Douglas R. Driggers, District Judge
Hector H. Balderas, Attorney General
Margaret McLean, Assistant Attorney General
Santa Fe, NM
for Appellant Jorge A. Alvarado, Chief Public Defender
Kimberly Chavez-Cook, Assistant Appellate Defender
Santa Fe, NM
for Appellee
MEMORANDUM OPINION
FRY, Judge. {1} The State appealed an order of the district court excluding the minor victim's testimony in this case. Our third notice of proposed disposition suggested the possibility that this appeal is moot and/or nonjusticiable. In response, the State indicates that a nolle prosequi was filed in the district court on September 27, 2013. The State adds that due to the nolle prosequi, "the appeal may be summarily dismissed." [Resp. 2] Since the prosecution underlying this appeal has ended, any ruling we might make on the evidentiary issue would not afford the State any relief, and the State's appeal is therefore moot. See State v. Sergio B., 2002-NMCA-070, ¶ 9, 132 N.M. 375, 48 P.3d 764 (pointing out that an appeal is moot when a ruling from the appellate court will not grant the appellant any actual relief). We therefore dismiss the appeal. {2} IT IS SO ORDERED.
/s/ _________
CYNTHIA A. FRY, Judge
WE DO CONCUR:
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JAMES J. WECHSLER, Judge
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LINDA M. VANZI, Judge