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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. 36,334
5 CHARLES TOWN,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY
8 Angie K. Schneider, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 Charles J. Gutierrez, Assistant Attorney General
12 Albuquerque, NM
13 for Appellee
14 Bennett J. Baur, Chief Public Defender
15 Will O’Connell, Assistant Appellate Defender
16 Santa Fe, NM
17 for Appellant
18 MEMORANDUM OPINION
19 GARCIA, Judge.
20 {1} Defendant has appealed from a conviction for aggravated battery. We
1 previously issued a notice of proposed summary disposition in which we proposed to
2 reject Defendant’s challenge to the sufficiency of the evidence, but to reverse in light
3 of an apparent evidentiary error. Defendant has filed a memorandum in support, and
4 the State has filed a memorandum indicating that it does not oppose.
5 {2} Accordingly, for the reasons previously stated, we reverse and remand for
6 further proceedings.
7 {3} IT IS SO ORDERED.
8 ________________________________
9 TIMOTHY L. GARCIA, Judge
10 WE CONCUR:
11 _______________________________
12 LINDA M. VANZI, Chief Judge
13 _______________________________
14 HENRY M. BOHNHOFF, Judge
2
State v. Town
Combined Opinion