State v. Lopez

OPINION

HENDLEY, Judge.

This case was placed on the summary calendar with reversal proposed because the docketing statement recited that the defendant waived a jury and was tried to the judge, but that this waiver was not in writing as is required by N.M.R.Crim.P. 38(a), N.M.S.A.1978. The State has filed a memorandum in opposition to summary reversal urging several bases why this case should not be summarily reversed. We are not persuaded.

First, the State contends that summary reversal would conflict with this Court’s recent decision in State v. Pendley, 92 N.M. 658, 593 P.2d 755 (Ct.App.1979).…