Opinion
A-1-CA-39728
09-12-2022
STATE OF NEW MEXICO, Plaintiff-Appellee, v. DESTANY LUCKYSTAR WATKINS, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM John Kloss, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM Steven J. Forsberg, Assistant Appellate Defender Albuquerque, NM for Appellant
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APPEAL FROM THE DISTRICT COURT OF TORRANCE COUNTY Shannon Murdock, District Judge
Hector H. Balderas, Attorney General Santa Fe, NM John Kloss, Assistant Attorney General Albuquerque, NM for Appellee
Bennett J. Baur, Chief Public Defender Santa Fe, NM Steven J. Forsberg, Assistant Appellate Defender Albuquerque, NM for Appellant
MEMORANDUM OPINION
BOGARDUS, Judge.
{¶1} Defendant appeals from the district court's orders revoking her probation. We issued a notice of proposed summary disposition proposing to affirm. Defendant filed a memorandum in opposition, which we have duly considered. Remaining unpersuaded, we affirm.
{¶2} In her memorandum in opposition, Defendant continues to argue that she received ineffective assistance of counsel and that the evidence was insufficient to revoke her probation. Defendant has not asserted any facts, law, or argument that persuade us that our notice of proposed disposition was erroneous. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 ("Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law."); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. To the extent Defendant raised issues in her docketing statement that were not argued in the memorandum in opposition, we deem those issues abandoned. See State v. Johnson, 1988-NMCA-029, ¶ 8, 107 N.M. 356, 758 P.2d 306 (explaining that when a case is decided on the summary calendar, an issue is deemed abandoned when a party fails to respond to the proposed disposition of that issue).
{¶3} Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm.
{¶4} IT IS SO ORDERED.
WE CONCUR: JENNIFER L. ATTREP, Judge, JACQUELINE R. MEDINA, Judge