September 17, 2019- State of New Mexico v. Xavier Loving, No. A-1-CA-37946

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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-37946
5 XAVIER LOVING,
6 Defendant-Appellant.
7
8 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY
9 Fred T. Van Soelen, District Judge
10 Hector H. Balderas, Attorney General
11 Santa Fe, NM
12 M. Victoria Wilson, Assistant Attorney General
13 Albuquerque, NM
14 for Appellee
15 Bennett J. Baur, Chief Public Defender
16 Will O’Connell, Assistant Appellate Defender
17 Santa Fe, NM
18 for Appellant
19 MEMORANDUM OPINION
20 ZAMORA, Chief Judge.
21 {1} Defendant appeals from his convictions for shooting at a dwelling or occupied
22 structure, aggravated assault with a firearm, and felon in possession of a firearm. This
23 Court’s second notice proposed to reverse Defendant’s conviction for shooting at a
Court of Appeals of New Mexico
Filed 9/17/2019 10:33 AM

2
1 dwelling, and to affirm the remaining convictions. Defendant filed a memorandum
2 in partial opposition, and the State filed a notice of intent not to file a memorandum
3 in opposition, to the proposed disposition. Relying on the facts, authorities, and
4 arguments in the docketing statement, Defendant continues to oppose affirmance of
5 his convictions for aggravated assault with a firearm and felon in possession of a
6 firearm. [MIO 1] Defendant’s memorandum in opposition does not, however, raise
7 any new arguments or authority to persuade this Court that reversal is warranted.
8 Thus, for the reasons stated in our second notice of proposed disposition, we reverse
9 Defendant’s conviction for shooting at a dwelling and affirm the remaining
10 convictions.
11 {2} IT IS SO ORDERED.
12
13 M. MONICA ZAMORA, Chief Judge
14 WE CONCUR:
15
16 LINDA M. VANZI, Judge
17
18 MEGAN P. DUFFY, Judge