Opinion
NO. 36,007
05-30-2017
STATE OF NEW MEXICO, Plaintiff-Appellee, v. STEPHEN LOUIS VASQUEZ, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant
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Correction/Replacement Page(s) to filed Memorandum opinion
Date Filed: May 29, 2017
(1) Filing date changed from May 29, 2017, to May 30, 2017. APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Briana H. Zamora, District Judge Hector H. Balderas, Attorney General
Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender
Kathleen T. Baldridge, Assistant Appellate Defender
Santa Fe, NM for Appellant
MEMORANDUM OPINION
ZAMORA, Judge. {1} Defendant appeals from a district court judgment entered after he pled no contest to twelve felonies, most committed during multiple car-jackings. We issued a calendar notice proposing to affirm. Defendant has responded with a memorandum in opposition. We affirm. {2} Defendant continues to argue that his sentence violates the prohibition against cruel and unusual punishment. [MIO 2] In this case, Defendant was indicted on thirty felony counts. [RP 1] Defendant entered a plea agreement in which he pled no contest to twelve of these counts. [RP 84] Defendant's plea contained no agreement as to sentence, and the potential incarceration was up to 59V years. [RP 87] As Defendant acknowledges [MIO 4], under the circumstances, our Supreme Court has determined that a claim of cruel and unusual punishment is not properly presented. See State v. Chavarria, 2009-NMSC-020, ¶¶ 9-10, 146 N.M. 251, 208 P.3d 896 (holding that the entry of an unconditional plea of guilty operates as a waiver of the right to raise a cruel and unusual punishment claim on appeal). This Court is bound by this precedent. See State v. Trevizo, 2011-NMCA-069, ¶ 9, 150 N.M. 158, 257 P.3d 978 (noting that the Court of Appeals must follow applicable precedents of the Supreme Court). {3} For the reasons set forth above, we affirm.
{4} IT IS SO ORDERED.
/s/ _________
M. MONICA ZAMORA, Judge
WE CONCUR:
/s/ _________
LINDA M. VANZI, Chief Judge /s/ _________
JAMES J. WECHSLER, Judge