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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. NO. 30,803
5 JOE BUSTAMANTE,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY
8 Teddy L. Hartley, District Judge
9 Gary K. King, Attorney General
10 Margaret McLean, Assistant Attorney General
11 Santa Fe, NM
12 for Appellee
13 Jacqueline L. Cooper, Chief Public Defender
14 Santa Fe, NM
15 for Appellant
16 MEMORANDUM OPINION
17 KENNEDY, Judge.
1 Summary reversal and remand for a new trial was proposed for the reasons
2 stated in the notice of proposed disposition filed on April 14, 2011. The State has
3 filed a response to the calendar notice, indicating that it agrees with this Court’s
4 proposed disposition to vacate Joe Bustamante’s (Defendant) conviction and remand
5 this case for a new trial because Defendant’s right to counsel was violated.
6 Accordingly, Defendant’s conviction is reversed, and the case is remanded to
7 the district court.
8 IT IS SO ORDERED.
9 _______________________________
10 RODERICK T. KENNEDY, Judge
11 WE CONCUR:
12 ___________________________
13 JAMES J. WECHSLER, Judge
14 ___________________________
15 TIMOTHY L. GARCIA, Judge
2
State v. Bustamante
Combined Opinion