January 15, 2019- State of New Mexico v. Ruben Solis Anderson, No. A-1-CA-37316

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-37316
5 RUBEN SOLIS ANDERSON,
6 	Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY
8 Daniel A. Bryant, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 	for Appellee
12 Bennett J. Baur, Chief Public Defender
13 	C. David Henderson, Appellate Defender
14 Santa Fe, NM
15 	for Appellant
16 	MEMORANDUM OPINION
17 V ANZI, Chief Judge.
18 	{l} 	Defendant appeals from the district court's order denying his motion to dismiss
19 the fugitive complaint. This Court's calendar notice proposed summary dismissal on
20 the basis that the district court's order denying the motion to dismiss the fugitive
21 	complaint is not a final, appealable order. Defense counsel filed a memorandum in
22 support of summary dismissal conceding that the order is not final. [MIS 1] Defense
Court of Appeals of New Mexico
Filed 1/15/2019 8:51 AM
Mark Reynolds

1 counsel 	states that to the 	extent Defendant argued that the 	challenged order
2 improperly deprived him of his liberty, proceedings to obtain his release continued
3 after the notice of appeal was filed. [MIS 2] Defense counsel further indicates that to ·
4 his knowledge, Defendant's release was obtained, providing the remedy sought on
5 appeal and rendering the issues raised in the docketing statement moot. [MIS 1]
6 Accordingly, for these reasons, and those stated in the notice of proposed disposition,
7 we dismiss the appeal.
8 {2} 	IT IS SO ORDERED.
9
10
11 	WECONCUR:
14 	~eke15 	JENE~ATTREP,Judge
2