Opinion
No. 34,448
12-01-2015
STATE OF NEW MEXICO, Plaintiff-Appellee, v. JEREMIE QUADON VAUGHN, Defendant-Appellant.
Hector H. Balderas, Attorney General Margaret McLean, Assistant Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender Sergio Viscoli, Assistant Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 LEA COUNTY
Mark T. Sanchez, District Judge Hector H. Balderas, Attorney General
Margaret McLean, Assistant Attorney General
Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender
Sergio Viscoli, Assistant Appellate Defender
Santa Fe NM for Appellant
MEMORANDUM OPINION
GARCIA, Judge. {1} We proposed summary reversal of the district court's determination concerning the Earned Meritorious Deductions Act (EMDA) and to remand this matter to the district court to allow additional factfinding or to set aside the EMDA portion of the sentence. No memorandum opposing this proposed disposition has been filed, and the time for doing so has expired. Therefore, we reverse the district court's determination concerning the EMDA and remand this case to the district court for further factfinding concerning the EMDA or to set aside the EMDA portion of the sentence.
{2} IT IS SO ORDERED.
/s/ _________
TIMOTHY L. GARCIA Judge
WE CONCUR:
/s/ _________
MICHAEL E. VIGIL, Chief Judge /s/ _________
JONATHAN B. SUTIN, Judge