State v. Oscar H. ( 2010 )

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 Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official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-Appellant, 9 v. No. 30,261 10 OSCAR H., 11 Child-Appellee. 12 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY 13 Robert S. Orlik, District Judge 14 Gary K. King, Attorney General 15 Santa Fe, NM 16 M. Victoria Wilson 17 Albuquerque, NM 18 for Appellant 19 Hugh W. Dangler, Chief Public Defender 20 Oscar Hernandez, Assistant Appellate Defender 21 Santa Fe, NM 22 for Appellee 23 MEMORANDUM OPINION 24 SUTIN, Judge. 1 The State appeals the district court’s order dismissing with prejudice a 2 delinquency petition alleging that Child committed assault on a peace officer and 3 aggravated battery on a peace officer. We issued a notice of proposed summary 4 disposition, proposing to affirm. According to the response filed by the State, the 5 State does not oppose the proposed summary disposition. Based on the State’s 6 response, and for the reasons in the notice of proposed summary disposition, we 7 affirm the order of dismissal. 8 IT IS SO ORDERED. 9 __________________________________ 10 JONATHAN B. SUTIN, Judge 11 WE CONCUR: 12 ___________________________________ 13 MICHAEL D. BUSTAMANTE, Judge 14 ___________________________________ 15 CELIA FOY CASTILLO, Judge 2