Opinion
NO. 34,203
04-08-2015
STATE OF NEW MEXICO, Plaintiff-Appellee, v. JAMES A. ORTEGA, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM Kenneth H. Stalter, Assistant Attorney General Albuquerque, NM for Appellee Jorge A. Alvarado, Chief Public 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 CHAVEZ COUNTY
Steven L. Bell, District Judge
Hector H. Balderas, Attorney General
Santa Fe, NM
Kenneth H. Stalter, Assistant Attorney General
Albuquerque, NM
for Appellee Jorge A. Alvarado, Chief Public Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
WECHSLER, Judge. {1} Defendant appeals the district court's determination that his kidnapping conviction is a "serious violent offense" for the purposes of the Earned Meritorious Deductions Act (EMDA), NMSA 1978, § 33-2-34 (2006). We proposed to hold that the district court did not provide a sufficient basis for denying credit under the EMDA. The State has responded by indicating that it opposes our calendar notice only to the extent that it asks us to remand for additional factfinding on the EMDA issue, if appropriate. [MIO 3] We agree that remand for reconsideration of the issue is appropriate. State v. Morales, 2002-NMCA-016, ¶ 19, 131 N.M. 530, 39 P.3d 747, abrogated on other grounds by State v. Frawley, 2007-NMSC-057, ¶ 36, 143 N.M. 7, 172 P.3d 144. {2} For the reasons set forth above and in our calendar notice, we reverse the EMDA determination and remand this matter to the district court pursuant to Morales. {3} IT IS SO ORDERED.
/s/ _________
JAMES J. WECHSLER, Judge
WE CONCUR:
/s/ _________
MICHAEL E. VIGIL, Chief Judge
/s/ _________
MICHAEL D. BUSTAMANTE, Judge