State v. Pierson ( 2015 )

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, 4 v. No. 33,898 5 SANDRA PIERSON, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Kenneth H. Martinez, District Judge 9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 M. Victoria Wilson, Assistant Attorney General 12 Albuquerque, NM 13 for Appellee 14 Geoffrey D. Scovil 15 Albuquerque, NM 16 for Appellant 17 MEMORANDUM OPINION 18 SUTIN, Judge. 1 {1} Defendant Sandra Pierson appeals from the district court’s judgment, sentence, 2 partially suspended sentence, and commitment to the New Mexico Department of 3 Corrections entered on June 5, 2014. As set forth in the judgment and sentence, 4 Defendant was convicted of the identified crimes, pursuant to guilty plea, in the 5 following cases: D-202-CR-2010-03521 (forgery); D-202-CR-2010-03811 (unlawful 6 taking of a motor vehicle); D-202-CR-2010-04398 (residential burglary); D-202-CR- 7 2012-01086 (racketeering, conspiracy to commit racketeering, and two counts of 8 forgery); and D-202-CR-2012-01087 (receiving or transferring a stolen vehicle). This 9 Court issued a calendar notice, proposing to reverse the district court’s judgment and 10 sentence and remand for resentencing in accordance with the plea agreement. The 11 State filed a memorandum in response to our notice [Ct. App. File], stating that it 12 “does not oppose this Court’s proposed summary disposition[.]” [MIO 1] 13 Accordingly, for the reasons stated in our notice of proposed disposition, we reverse 14 and remand to the district court for resentencing and entry of a new judgment and 15 sentence that conforms with the plea agreement. 16 {2} IT IS SO ORDERED. 17 __________________________________ 18 JONATHAN B. SUTIN, Judge 19 WE CONCUR: 20 _______________________________ 2 1 MICHAEL E. VIGIL, Chief Judge 2 _______________________________ 3 CYNTHIA A. FRY, Judge 3