State v. McDowell

STATE OF NEW MEXICO, Plaintiff-Respondent, v. JOHN D. MCDOWELL, Defendant-Petitioner.

No. S-1-SC-37199

SUPREME COURT OF THE STATE OF NEW MEXICO

November 12, 2020

This decision of the Supreme Court of New Mexico was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Supreme Court.

ORIGINAL PROCEEDING ON CERTIORARI

Matthew E. Chandler, District Judge

Hector H. Balderas, Attorney General

Santa Fe, NM

John J. Woykovsky, Assistant Attorney General

Albuquerque, NM

for Respondent

Bennett J. Baur, Chief Public Defender

Allison H. Jaramillo, Assistant Appellate Defender

Santa Fe, NM

for Petitioner

DISPOSITIONAL ORDER OF REVERSAL

{1} WHEREAS, this matter came on for consideration by the Court upon petition for writ of certiorari filed pursuant to Rule 12-502 NMRA, and the Court having considered said petition and being sufficiently advised, issued its writ of certiorari on September 28, 2018;

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{2} WHEREAS, no briefing was ordered and the case was held in abeyance pending this Court's disposition in State v. Montaño, No. S-1-SC-37021, and State v. Martinez, No. S-1-SC-37098;

{3} WHEREAS, this Court issued an opinion in State v. Montaño, 2020-NMSC-009, 468 P.3d 838, on June 11, 2020;

{4} WHEREAS, the Court finding that the issue of law presented in this case was decided by the Court's disposition in Montaño, id.; and

{5} WHEREAS, the Court exercising its discretion under Rule 12-405(B)(1) and (2) NMRA to dispose of a case by non-precedential order rather than a formal opinion;

{6} NOW, THEREFORE, IT IS ORDERED that the decision of the Court of Appeals is reversed and this matter is remanded to vacate Petitioner's conviction under NMSA 1978, Section 30-22-1.1 (2003).

{7} IT IS SO ORDERED.

BARBARA J. VIGIL, Justice

C. SHANNON BACON, Justice

DAVID K. THOMSON, Justice

NAKAMURA, Justice (dissenting).

{8} For the reasons set forth in my dissenting opinion in Montaño, 2020-NMSC-009, ¶¶ 69-88, I respectfully dissent.

JUDITH K. NAKAMURA, Justice