VIVES v. VERZINO

No. 28,480.

213 P.3d 823 (2009)

2009-NMCA-083

Thomas Edward VIVES, Petitioner-Appellant, v. William J. VERZINO, Los Alamos County Sheriff, and New Mexico Department of Public Safety, John Denko, Secretary, Respondents-Appellees.

Court of Appeals of New Mexico.

June 30, 2009.


Attorney(s) appearing for the Case

Ray Twohig, P.C., Ray Twohig, Albuquerque, NM, for Appellant.

Gary K. King, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, Incorporated County of Los Alamos, Charles Rennick, Assistant County Attorney, Los Alamos, NM, New Mexico Department of Public Safety, John Wheeler, Chief Counsel and Special Assistant, Santa Fe, NM, for Appellees.


OPINION

ROBLES, Judge.

{1} This case presents two questions: (1) whether failure to respond to a petition results in admissions to conclusions of law that are binding on the court in subsequent summary judgment proceedings, and (2) whether an individual whose adjudication was withheld after pleading nolo contendere to a sex offense in Florida must register as a sex offender in New Mexico. The district court denied the motion for summary judgment...

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