Opinion
A-1-CA-40724
03-31-2023
STATE OF NEW MEXICO, Plaintiff-Appellee, v. JOSEPH VALLEJOS, Defendant-Appellant.
Raul Torrez, Attorney General Lindsay Stuart, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Joelle N. Gonzales, 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 CHAVES COUNTY Dustin K. Hunter, District Court Judge
Raul Torrez, Attorney General
Lindsay Stuart, Assistant Attorney General
Santa Fe, NM
for Appellee
Bennett J. Baur, Chief Public Defender
Joelle N. Gonzales, Assistant Appellate Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
JENNIFER L. ATTREP, Chief Judge
{¶1} Defendant appeals his convictions for involuntary manslaughter and tampering with evidence. [CN 1] In our notice of proposed disposition, we proposed to reverse Defendant's conviction for tampering with evidence for insufficient evidence [CN 5-6] and affirm Defendant's conviction for involuntary manslaughter. [CN 2-5] The State has responded to this Court's notice of proposed disposition, stating that it will not be filing a memorandum in opposition to that disposition. [State's Resp. 1 ] Additionally, Defendant responded to our proposed disposition also stating that he will not be filing a memorandum in opposition. [Defendant's Resp. 1] Accordingly, for the reasons stated in our notice of proposed disposition, we reverse Defendant's conviction for tampering with evidence, affirm his involuntary manslaughter conviction, and remand this case to the district court for further proceedings consistent with this opinion.
{¶2} IT IS SO ORDERED.
WE CONCUR: JACQUELINE R. MEDINA, Judge MEGAN P. DUFFY, Judge