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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. 35,052
5 MICHAEL STEPHEN KEATON,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY
8 Karen L. Parsons, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 M. Anne Kelly, Assistant Attorney General
12 Albuquerque, NM
13 for Appellee
14 Bennett J. Baur, Chief Public Defender
15 Nina Lalevic, Assistant Appellate Defender
16 Santa Fe, NM
17 for Appellant
18 MEMORANDUM OPINION
19 SUTIN, Judge.
1 {1} Defendant Michael Keaton appealed as a self-represented litigant from the
2 district court’s order denying his motion to reconsider the sentence. [3 RP 523] This
3 Court’s second calendar notice proposed to reverse and remand to the district court
4 for an evidentiary hearing on certain issues outlined therein. [CN 7] The State filed
5 a “Notice of Non-Filing a Memorandum in Opposition.” [Ct. App. File, top document]
6 The State agrees with this Court’s determination that the conclusive presumption of
7 ineffective assistance of counsel established in State v. Duran, 1986-NMCA-125, 105
8 N.M. 231, 731 P.2d 374, does not apply in this context. [MIO 2] However, due to the
9 unique circumstances of this case, the State does not oppose remand to the district
10 court for consideration of the issues identified in this Court’s second calendar notice.
11 [Id.]
12 {2} For these reasons and those stated in this Court’s second calendar notice, we
13 reverse and remand to the district court.
14 {3} IT IS SO ORDERED.
15 __________________________________
16 JONATHAN B. SUTIN, Judge
17 WE CONCUR:
18 _______________________________
2
1 LINDA M. VANZI, Chief Judge
2 _______________________________
3 J. MILES HANISEE, Judge
3