State v. Richardson

OPINION

BIVINS, Judge.

Convicted on two counts of embezzlement, Defendant appeals raising one issue: denial of effective assistance of counsel. Defendant has abandoned all other issues originally raised in the docketing statement. See State v. Fish, 102 N.M. 775, 777, 701 P.2d 374, 376 (Ct.App.), cert. denied, 102 N.M. 734, 700 P.2d 197 (1985). We hold that Defendant has established a prima facie case of ineffective assistance of counsel on one of his claims and, therefore, remand to the district court for an evidentiary hearing.

The State charged Defendant with five counts of embezzlement under…