July 10, 2019- State of New Mexico v. Frank J. Stratford, No. A-1-CA-37606

1 	IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 	STATE OF NEW MEXICO,
3 	Plaintiff-Appellee,
4 v. 	No. A-1-CA-37606
5 FRANK J. STRATFORD,
6 	Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY
8 Steven Blankenship, District Judge
9 Hector H. Balderas, Attorney General
10 Eran Shemuel Sharon, Assistant Attorney General
_ 11 	Santa Fe, NM
12 for Appellee
13 	Bennett J. Baur, Chief Public Defender
14 John Charles Bennett, Assistant Appellate Defender
15 	Santa Fe, NM
16 for Appellant
17 	MEMORANDUM OPINION
18 	VANZI, Judge.
19 {I} 	In response to this Court's notice of proposed disposition, Defendant filed a
20 memorandum in opposition and motion to amend the docketing statement. We issued
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21 	a second notice granting Defendant's motion to amend to consider the issue of
22 whether Defendant's double jeopardy rights were violated. [CN 4-5] We proposed to
Court of Appeals of New Mexico
Filed 7/10/2019 1:13 PM

1 conclude that the evidence was sufficient to support two convictions for aggravated
2 	assault-a count for each victim-but proposed to conclude that the evidence was
3 insufficient to support a third conviction for negligent use of a deadly weapon based
4 on the same conduct. [Id.] Accordingly, we proposed to reverse on the basis that
5 Defendant's double jeopardy rights were violated. The State has filed a response
6 informing this Court that it will not be filing a memorandum in opposition to the
7 second calendar notice. We therefore reverse and remand to the district court for
8 proceedings consistent with our second calendar notice.
9 {2}
10
11
IT IS SO ORDERED.
12 WE CONCUR:
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13 	P..~
14 J. MILES HANISEE, Judge
1s~£~16 MEQ\Np. D~dge
2
ZI, Judge