State v. Carpenter (N.M. Ct. App. 2025). · Go Syfert
State v. Carpenter (N.M. Ct. App. 2025). Book View Copy Cite
No syfertize treatment data for cluster 10612151.
State
v.
Carpenter
New Mexico Court of Appeals.
Apr 24, 2025.
Unpublished
This decision of the New Mexico Court of Appeals 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 Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.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 Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-42299

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

ANGELA CARPENTER,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF LEA COUNTY
Lee A. Kirksey, District Court Judge

Raúl Torrez, Attorney General
Santa Fe, NM

for Appellee

Bennett J. Baur, Chief Public Defender
Kathleen T. Baldridge, Assistant Appellate Defender
Santa Fe, NM

for Appellant

MEMORANDUM OPINION

HANISEE, Judge.

{1} Defendant appeals from the district court’s order revoking her probation. This Court issued a calendar notice proposing to summarily affirm. Defendant filed a memorandum in opposition that we have duly considered. Unpersuaded that the district court abused its discretion or otherwise committed reversible error, we affirm.

{2} Defendant continues to maintain that the district court erred when it revoked her probation because the evidence was insufficient to establish that her failure to report to probation was willful. [MIO 1, 3-6] Defendant’s memorandum in opposition has not

asserted any fact, law, or argument that persuades us that our notice of proposed disposition was erroneous. See State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that “[a] party responding to a summary calendar notice must come forward and specifically point out errors of law and fact,” and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. As a result, Defendant’s memorandum in opposition is not persuasive that this Court’s proposed summary disposition was in error and does not otherwise impact our proposed disposition of this case. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”). Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm.

{3} IT IS SO ORDERED.

J. MILES HANISEE, Judge

WE CONCUR:

JACQUELINE R. MEDINA, Chief Judge

JANE B. YOHALEM, Judge