June 12, 2019- State of New Mexico v. Amanda Andrade, No. A-1-CA-37826

OCR transcription for search; preserved printed pages are authoritative

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Court of Appeals of New Mexico
Filed 6/12/2019 9:21 AM

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

STATE OF NEW MEXICO,
Plaintiff-Appellee,
V. No. A-1-CA-37826
AMANDA ANDRADE,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF DONA ANA COUNTY

Conrad Frederick Perea, District Judge
Hector H. Balderas, Attorney General

M. Anne Kelly, Assistant Attorney General
Santa Fe, NM

for Appellee

Bennett J. Baur, Chief Public Defender
Santa Fe, NM

for Appellant
MEMORANDUM OPINION
VANZI, Judge.
{1} Defendant appeals from a district court order dismissing her de novo appeal
from magistrate court. We issued a calendar notice proposing to reverse, because the

district court failed to hold a show cause hearing before dismissal, which is required

by Rule 5-828(B) NMRA. The State has responded with a notice of non-filing of a

memorandum in opposition because it concurs. Accordingly, we reverse the dismissal
order and to remand for purposes of holding a show cause hearing.
2} ITISSO ORDERED.

(rad Aa wy

LINDA M. WANZL, Judge

WE CONCUR:

9. SDL

J. MILES HANISEE, Judge

Las pow Beprtuk&
KRISTINA BOGARDUS, Judge