March 24, 2020- State of New Mexico v. Freddie Carlos Flores, No. A-1-CA-38240

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Odyssey.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO	1
STATE OF NEW MEXICO,	2
Plaintiff-Appellee,	3
v. 	NO. A-1-CA-38240	4
FREDDIE CARLOS FLORES,	5
Defendant-Appellant.	6
APPEAL FROM THE DISTRICT COURT OF LEA COUNTY	7
Mark Terrence Sanchez, District Judge	8
Hector H. Balderas, Attorney General	9
Anne Minard, Assistant Attorney General	10
Santa Fe, NM	11
for Appellee	12
Bennett J. Baur, Chief Public Defender	13
Kathleen T. Baldridge, Assistant Appellate Defender	14
Santa Fe, NM	15
for Appellant	16
MEMORANDUM OPINION	17
VANZI, Judge.	18
{1} 	Defendant appeals from the district court’s order revoking his probation,	19
partially suspending his license and committing him to the detention center. We were	20
persuaded by Defendant’s docketing statement and proposed to reverse the revocation	21
Court of Appeals of New Mexico
Filed 3/24/2020 8:55 AM

2
of Defendant’s probation (1) for insufficient evidence, based on the lack of a showing	1
of a willful violation; and (2) for violation of due process, based on the lack of good	2
cause to dispense with the right to confrontation. The State has filed a statement	3
declining to file a memorandum in opposition to our proposed summary reversal.	4
“Failure to file a memorandum in opposition constitutes acceptance of the disposition	5
proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M.	6
246, 861 P.2d 287.	7
{2} 	For the reasons stated in our notice, we reverse the district court’s revocation	8
of Defendant’s probation and remand for further proceedings.	9
{3} 	IT IS SO ORDERED.	10
__________________________________	11
LINDA M. VANZI, Judge	12
WE CONCUR:	13
_________________________________	14
JULIE J. VARGAS, Judge	15
_________________________________	16
JACQUELINE R. MEDINA, Judge	17