State v. Reed

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 STATE OF NEW MEXICO, 8 Plaintiff-Appellee, 9 v. NO. 30,713 10 RUSSELL REED, 11 Defendant-Appellant. 12 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY 13 J. Richard Brown, District Judge 14 Gary K. King, Attorney General 15 Nicole Beder, Assistant Attorney General 16 Santa Fe, NM 17 for Appellee 18 Hugh W. Dangler, Chief Public Defender 19 Santa Fe, NM 20 Nia Rucker, Assistant Public Defender 21 Carlsbad, NM 22 for Appellant 23 MEMORANDUM OPINION 24 KENNEDY, Judge. 25 Defendant appeals his conviction for aggravated battery on a household 1 member. We issued a notice of proposed summary disposition proposing summary 2 reversal on a basis that the State offered insufficient evidence to establish victim was 3 a “household member” within the meaning of NMSA 1978, Section 30-3-11(A) 4 (2010). The State has responded that it does not oppose reversal of Defendant’s 5 conviction on that basis. 6 Accordingly, we reverse Defendant’s conviction. 7 IT IS SO ORDERED. 8 ___________________________________ 9 RODERICK T. KENNEDY, Judge 10 WE CONCUR: 11 ___________________________ 12 JONATHAN B. SUTIN, Judge 13 ___________________________ 14 TIMOTHY L. GARCIA, Judge 2