Baby Brianna Andrew Walters

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STATE VS. WALTERS ANDREW SR
CASE DETAIL
FILING
CASE NUMBER CURRENT JUDGE COURT
DATE
D-307-CR- STEPHEN LAS CRUCES DISTRICT

08/01/2002
200200691 BRIDGFORTH
PARTIES TO THIS CASE
PARTY TYPE PARTY DESCRIPTION PARTY # PARTY NAME
D DEFENDANT 1 WALTERS ANDREW SR
ATTORNEY: GARY C MITCHELL PC
P PLAINTIFF 1 STATE OF NEW MEXICO
PO PROB OFFICER 1 ADULT PROBATION OFFICER
CRIMINAL CHARGE DETAIL
SEQ CHARGE CIT

PARTY COUNT STATUTE CHARGE CLASS PLEA DISPOSITION DISP DATE
# DATE #
ABUSE OF A
CHILD
30-6-1 (GREAT CRJ: JURY
D1 1 1 F1 08/01/2002 09/12/2003
(C) F1 BODILY CONVICTION
HARM/DEATH)
CONSPIRACY
30-6-1 ABUSE OF
CRJ: JURY
D1 2 1 (C) F1 C CHILD 08/01/2002 09/12/2003
CONVICTION
(GBH/DEATH)
CRIMINAL
SEXUAL
30-9-11 CRJ: JURY
D1 3 1 PENETRATION F 08/01/2002 09/12/2003
(A)(1) CONVICTION
(CHILD U/13)
(A)(1)
ABUSE OF A
CHILD
D1 4 1 F1 08/01/2002 09/12/2003
HARM/DEATH)
ABUSE OF A
CHILD
D1 5 1 F1 08/01/2002 09/12/2003
HARM/DEATH)
REGISTER OF ACTIONS ACTIVITY
EVENT PARTY PARTY

EVENT DATE EVENT DESCRIPTION AMOUNT
RESULT TYPE #
01/04/2008 CLS: ORD/ORD TO CLOSE D 1
JUDGEMENT ON MANDATE
COA AFFIRMED CTS 1 3 5
REVERSED CT 2 - DA'S OFFICE NOLLED ON 1-3-08
SIGNED BY: JUDGE BRIDGFORTH
01/03/2008 NCJ: NOLLE COUNTS/OTHER D 1
NOLLE PROSEQUI AS TO COUNT 2 ONLY
RE ANDREW WALTERS
DA: S MARTINEZ
REASON: BEST INTERST OF JUSTICE
10/15/2007 EXHIBIT RECEIPT
RECEIPT- FROM SUPREME COURT ON 10-15-07
EXHIBITS
STATES: 2,3,4,6-37,41-43,44-45,47,53-56,58-60,62-63,65,66,
68-69,70A-70B
DEFENDANTS: 1,3,5-9
RECEIVED BY LILYANA ATENCIO
09/24/2007 ORA MEMO OPINION
MEMORANDUM OPINION - ORIGINAL PROCEEDING ON CERTIORARI
FROM SUPREME COURT OF THE STATE OF NEW MEXICO
WE VACATE CONSPIRACY CONVICTION AND REMAND FOR NEW TRIAL
ON THAT COUNT
SC# 29,806
09/24/2007 ORA MANDATE
MANDATE TO DISTRICT COURT CLERK NO COA: 24,585
FROM COURT OF APPEAL OF THE STATE OF NEW MEXICO
RE: ANDREW WALTERS SR AKA ANDY WALTERS SR
1.[ ] ATTACHED IS A TRUE AND CORRECT COPY OF THE ORIGINAL
DECISION ENTERED IN THE ABOVE ENTITLED CAUSE
2.[ ] THIS DECISION BEING NOW FINAL, THE CAUSE IS REMANDED
TO YOU FOR ANY FURTHER PROCEEDINGS CONSISTENT WITH
SAID DECISION
3.[X ] WRIT OF CERTIORARI HAVING BEEN ISSUED BY NMSC AND
THEIR DECISION BEING FINAL, THIS CAUSE IS REMANDED TO
YOU FOR ANY FUTHRE PROCEEDINGS CONSISTENT WITH SAID
SUPREME COURT DECISION ATTACHED HERETO
4.[ ] YOU ARE DIRECTED TO ISSUE ANY COMMITMENT NECESSARY FOR
THE EXECUTION OF YOU JUDGEMENT AND SENTENCE
5.[ ] DISTRICT COURT CLERK'S RECORD RETURNED HEREWITH:
__ TAPES; __ TRANSCRIPTS; __ DEPOSITIONS; __ OTHER
6.[ ] EXHIBITS FILED HEREIN SHALL BE:
__PICKED UP @ CLERK'S OFFICE FORTHWITH
__RETURNED BY THIS CLERK'S OFFICE
7.[ ] COST BILL IS ASSESSED AS FOLLOWS
8.[ ] ATTORNEY FEES ON APPEAL ARE GRANTED AS FOLLOWS
09/19/2007 ORA MEMO OPINION D 1
OPINION - FROM THE SUPREME CURT # 29806
WE REVERSE THE COA DECISION TO OVERTURN DEFT'S CONVICTIONS
RE:REMAND FOR SEPARTE TRIAL
WE AFFIRM CONVCITIONS'S FOR INTENTIONAL CHILD ABUSE
RESULTING IN DEATH OR GREAT BODILY HARM & CSP OF CHILD
UNDER 13 YRS IN THE 1ST DEG - HOWEVER,W/REGARDS TO DEFT'S
CONVICTIONS FOR CONSPIRACY TO COMMIT INTENTIONAL CHILD
ABUSE RESULTING IN DEATH OR GREAT BODILY HARM WE AFFIRM
COA'S DECISION TO REVERSE DEFT'S CONVICTION. WE VACATE
DEFT'S CONSPIRACY CONVICTION & REMAND FOR A NEW TRIAL IN
WHICH DEFT MAY BE RETRIED ON THAT COUNT
RE: ANDREW WALTERS SR
05/04/2006 NTC: NOTICE
NOTICE OF MANDATE/MEMORANDUM OPINION FILED ON: 05-02-06
FROM COURT OF APPEALS OF THE STATE OF NEW MEXICO
TO COUNSEL OF RECORD
05/02/2006 RPN: MANDATE/REOPEN (CR)
MANDATE TO DISTRICT COURT CLERK
FROM COURT OF APPEAL OF THE STATE OF NEW MEXICO

CONVICTIONS REVERSED & CASES REMANDED WITH INSTRUCTIONS
TO
GRANT EACH DEFENDANT SEPARATE TRIAL
06/22/2004 CERTIFICATE OF SERVICE
CERTIFICATE OF DELIVERY - ELIZABETH BALIZAN COURT CLERK
CERTIFIES THAT 3 SETS OF TRANSCRIPTS WERE MAILED
(ORIGINAL/2 COPIES) WERE MAILED FROM THE 2ND JUDICIAL
DISTRICT COURT ON 05/10/04 AND MAILED TO THE COURT OF
APPEALS
CERTIFICATE OF
04/06/2004
TRANSMITTAL
TRANSMITTAL LETTER- ALL EXHIBITS, EXCLUDING #64, MAILED TO
COA
CERTIFICATE/PROOF OF
04/06/2004
MAILING
CERTIFICATE OF MAILING- ALL EXHIBITS, EXCLUDING #64, MAILED
TO COA ON 04/06/04
03/22/2004 REQUEST
REQUEST FOR DESIGNATION OF TRANSCRIPT, TAPES, COURT
REPORTER, LOGS, EXHIBITS AND RECORD PROPER
-GARY C MITCHELL OBO DEFT
XC: ELSIE/CHAYO
03/19/2004
MAILING
CERTIFICATE OF MAILING- ORIGINAL & TWO COPIES OF TAPES &
LOGS MAILED TO COA ON 03/19/04

CERTIFICATE OF
03/19/2004
TRANSMITTAL
TRANSMITTAL LETTER- TAPES & LOGS TO COURT OF APPEALS
03/10/2004 APPEAL CALENDAR NOTICE D 1
NOTICE ASSIGNMENT TO THE GENERAL CALENDER

CERTIFICATE OF
01/23/2004
TRANSMITTAL
TRANSMITTAL LETTER - ENCLOSED CERTIFIED COPY OF THE COURTS
FILE AS THE RECORD PROPER TO COURT OF APPEALS

01/23/2004
MAILING
CLERKS CERTIFICATE - COMPLETE COPY OF THE COURTS RECORD
AS REQUESTED BY APPELLANT AS THE RECORD PROPER MAILED TO
COURT OF APPEALS
ON: 01/23/04
01/15/2004 DOCKETING STATEMENT /COA
DEFENDANT APPELLANTS DOCKETING STATEMENT
GARY MITCHELL OBO DEFT
01/13/2004 ORD: FOR FREE PROCESS
ORDER/JOHN BIGELOW APPTD OBO DEFT
DEFT ALLOWED FREE PROCESS ON APPEAL
12/18/2003 NTC: ENTRY OF JUDGMENT
AMENDED NOTICE OF ENTRY OF JUDGMENT AND DISPOSTION
OR SENTENCE
12/12/2003 NTC: OF APPEAL D 1
AMENDED NOTICE OF APPEAL - GARY C MITCHELL OBO DEFT

12/10/2003 D 1
MAILING
CERTIFICATE OF MAILING - CLERK MAILED COPYS OF TAPES & LOGS
TO GARY MITCHELL ON 12-10-03
12/04/2003 ORD: ORDER D 1
ORDER GRANTING MOTION TO PROVIDE TAPES OF ALL PROCEEDINGS-
DISTRICT COURT CLERK & COURT'S REPORTER PROVIDE DEFENSE
COUNSEL GARY MITCHELL DUPLICATE OF ALL TAPES & PROCEEDINGS
FREE OF CHARGE
NCJ: AMENDED
12/02/2003 D 1
JUDGMENT/ORDER
AMENDED JUDGMENT ORDER & COMMITMENT TO THE CORRECTIONS
DEPT RE: ANDREW WALTERS SR JUDGE:BRIDGFORTH
DEFT REGISTER W/SHERIFF DEPT WHICH HE RESIDES NO LATER THAN
10 DYS OF REEEASE & TO COMPLY W/SEX OFFENDER REGISTRATION
ACT
11/26/2003 ORD: ORDER D 1
ORDER GRANTING MOTION TO PROVIDE TAPES OF ALL PROCEEDINGS -
ORDERED THAT TAPES OF ALL PROCEEDINGS SHALL BE PROVIDED
FREE OF CHARGE TO DEFENSE COUNSEL GARY MITCHELL
XC: TO CHAYO/FILE ROOM & ELSIE PORTER
11/19/2003 CERTIFICATE OF CONVICTION D 1
CERTIFICATE OF CONVICTION (PURGE) - COPY OF CERTIFICATE TO
COUNTY CLERK'S OFFICE/VOTER REGISTRATION
11/19/2003 NTC: ENTRY OF JUDGMENT D 1
NOTICE OF ENTRY OF JUDGMENT AND DISPOSTION OR SENTENCE
11/18/2003 ASM: JAIL PRISON D 1
Sentenced on 11-18-2003
Count 5-1
Sentenced: 3 years 0 months 0 days
11/18/2003 ASM: DV TREATMENT FEE D 1 $ 0.00
Count 5-1 Non-Collectable.
Sentenced: $5.00
Proof of Correction Supplied
Count 4-1
Sentenced: $5.00
Count 3-1
Count 3-1
Sentenced: $5.00
Count 2-1
Sentenced: $5.00
Count 1-1
Served: 0 years 0 months 468 days
Sentenced: $5.00

ASM: DNA IDENTIFICATION $ 0.00
11/18/2003 D 1
FEE
Sentenced: $100.00

CLS: JUDGMT/JURY 12
11/18/2003 D 1
PERSON
JUDGMENT ORDER & COMMITMENT TO THE CORRECTIONS DEPT
RE:ANDREW WALTERS SR JUDGE: BRIDGFORTH
ALL FEES PAYABLE TO DEPT OF CORRECTIONS
TOTAL TERM:63 YRS + 2 YRS PAROLE
468 CREDIT DYS
11/03/2003 TAP: SENTENCE
HEARING: SENTENCING
DATE: 10/30/03
TAPE: 03/2799 #1,2,3
MONITOR: JANET R FORD
10/30/2003 ORD: ORDER D 1

ORDER GRANTING MOTION FOR RESETTING - MOTION FOR RE-
SETTING
IS DENIED
10/30/2003 CAL: SENTENCING SETTING D 1
10/29/2003 MTN: FOR CONTINUANCE D 1
MOTION FOR RESETTING -
RE: HEARING
SET FOR: 10-30-03
10/15/2003 NTC: INTENT P 1
NOTICE OF INTENT TO SEEK AGGRAVATING CIRCUMSTANCES
SUSANA MARTINEZ OBO STATE
10/10/2003 MTN: MOTION D 1
MOTION TO PROVIDE TAPES OF ALL PROCEEDINGS - GARY MITCHELL
OBO DEFT
09/29/2003 EXHIBIT RECEIPT D 1
RECEIPT FOR EXHIBITS
REC'D OF: JAN GIBSON
EXHIBITS NO:2 3 4, 6 THRU 37, 41 THRU 43, 44 45, 47,
53 THRU 56, 58 THRU 60, 62 THRU 69, 70A & 70B
DEFENDANT'S EXHIBITS NO: 1 3, 5 THRU 9
CHECKED BY: MICHELLE REYERO
09/29/2003 MISC ENTRY D 1
QUESTIONS FROM THE JURY
09/17/2003 NTC: HEARING (CRIMINAL)
Ntc Of Hearing by DE LEON GLORIA (6522) for 10-30-2003
at 3:00 Nature Of Hearing: SENTENCING-1HR.
09/16/2003 VERDICT GUILTY D 1
VERDICT OF THE JURY
CT 1: GUILTY
CT 2: GUILTY
CT 3: GUILTY
CT 4: GUILTY
CT 5: GUILTY
09/16/2003 JURY INSTRUCTIONS
THE COURT'S INSTRUCTIONS TO THE JURY
08/28/2003 TAP: PRE-TRIAL
HEARING: PRE-TRIAL
DATE: 08-25-03
TAPE: 03/2190
MONITOR: BERNADETTE HOLGUIN
08/28/2003 MTN: MOTION D 1
MOTION TO SUPRESS STATEMENT GIVEN BY DEFENDANT
-GARY C MITCHELL OBO DEFT
08/26/2003 WITNESS LIST D 1
ADDITIONAL LIST OF STATE'S WITNESSES -S MARTINEZ DA

CERT OF DISCLOSURE OF
08/22/2003 D 1
INFORM
CERTIFICATE OF DISCLOSURE OF INFORMATION-SUSANA MARTINEZ

DA
08/20/2003 ORD: TO TRANSPORT
ORDER TO TRANSPORT - DEFT ANDREW WALTERS SR
FROM: DONA ANA COUNTY DETENTION CENTER
TO: BERNALILLO COURTHOUSE; ALBUQUERQUE, NM
DATE: 09-02-03 THRU 09-12-03 @ 8:00 AM
RE: JURY TRIAL
08/20/2003 WITNESS LIST
ADDITIONAL LIST OF STATE'S WITNESSES
08/20/2003 MTN: MOTION
MOTION TO TRANSPORT

ORD: SUPR COURT EXTEN
08/07/2003
GRANTED
ORDER- FROM SUPREME COURT- EXTENSION GRANTED TO &
INCLUDING
DATE: NOVEMBER 5, 2003
ADDITIONAL LIST OF STATE'S WITNESSES- SUSANA MARTINEZ DA
07/31/2003 ENTRY OF APPEARANCE D 1
AMENDED ENTRY OF APPEARANCE - SUSANA MARTINEZ DA & AMY
ORLANDO ADA & SUSAN RIEDEL ADA
LIST OF STATE'S WITNESSES
- S MARTINEZ DA
ADDITIONAL LIST OF STATE'S WITNESSE- SUSANA MARTINEZ DA
07/02/2003 NTC: OF JURY TRIAL D 1
NOTICE OF JURY TRIAL - 9-2-03 @ 8 AM
JUDGE BRIDGFORTH @ BERNAILLIO COUNTY ALBQ NM
9 DYS ALLOCATED
ADDITIONAL LIST OF STATE'S WITNESSES
05/12/2003 ORD: ORDER
ORDER GRANTING CHANGE OF VENUE
05/08/2003 TAP: MTN
TAPE LOG: MTN TO CHANGE VENUE
DATE:04/30/2003
TAPE NO.: 03/1169
MONITOR:JANET R FORD
03/17/2003 RESPONSE
STATE'S RESPONSE TO DEFENDANT'S MOTION FOR SUPPLEMENTAL
DISCOVERY
SUSAN MARTINEZ OBO STATE
03/07/2003 ORD: ORDER D 1
ORDER DENYING DEFENDANT'S MOTION TO SEVER AND MOTION FOR
CHANGE OF VENUE TAKEN UNDER ADVISEMENT
03/04/2003 NTC: OF JURY TRIAL
at 8:00 Nature Of Trial: JURY TRIAL-FIVE DAYS-PRIM
ARY.
02/25/2003 TAP: MTN
TAPE LOG: MTN
DATE:2/24/2003
TAPE NO.: 03/479 #4
MONITOR:JANET R FORD
02/10/2003 RESPONSE D 1
STATE'S RESPONSE TO DEFENDANT'S MOTION FOR CHANGE OF VENUE-
S MARTINEZ DA
02/07/2003 MTN: MOTION
MOTION FOR CHANGE OF VENUE
02/05/2003 ORD: EXTENDING TIME D 1
STIPULATED ORDER ENLARGING TIME LIMITS - STATE FILE REPSONSE

TO MOTION FOR CHANGE OF VENUE & MOTION TO SEVER DEFTS ON
OR
BEFORE 2-10-03
REQUEST/DEMAND FOR
02/05/2003 D 1
DISCOVERY
MOTION FOR SUPPLEMENTAL DISCOVERY - GARY MITCHELL OBO DEFT
ORD: SUPR COURT EXTEN
01/27/2003
GRANTED
ORDER- FROM SUPREME COURT- EXTENSION GRANTED TO &
INCLUDING
DATE: AUGUST 5, 2003
01/07/2003 NTC: HEARING (CRIMINAL)
at 3:00 Nature Of Hearing: MOTION TO SEVER DEFENDA
NTS/CHANGE VENUE-.
DEFENDANT'S WITNESS LIST - GARY MITCHELL OBO DEFT
LIST OF STATE'S WITNESSES
10/09/2002 ORD: ORDER D 1
ORDER - PEREMPTORY CHALLENGE IS UNTIMELY AND THE CLERK OF
THE COURT SHALL NOT REASSIGN PER JUDGE BRIDGFORTH

JDG: JUDGE
09/23/2002
EXCUSAL/CHALLENGE
PEREMPTORY CHALLENGE TO DISTRICT JUDGE PURSUANT TO NMSA
38-3-9/GARY MITCHELL OBO DEFT EXCUSE JUDGE BRIDGFORTH
(UNTIMELY)
09/10/2002 NTC: OF JURY TRIAL
at 8:00 Nature Of Trial: JURY TRIAL-FIVE DAYS-THIR
D POSITION.
08/27/2002 OBJECTION/OPPOSITION D 1
OPPOSITION TO STATEMENT FOR JOINDER
08/15/2002 DEMAND FOR ALIBI
DEMAND FOR ALIBI AND DEFENSE INFORMATION
- S MARTINEZ DA
08/15/2002 DISCLOSURE
DISCLOSURE
- S MARTINEZ DA
08/15/2002 DISCLOSURE REQUEST D 1
DEMAND FOR DISCLOSURE
- S MARTINEZ DA
08/15/2002 ENTRY OF APPEARANCE D 1

ENTRY OF APPEARANCE - SUSANNA MARTINEZ DA & AMY ORLANDO
ADA
JDG: JUDGE ASSIGN

08/13/2002
TRANSFER
ASSIGNED TO JUDGE BRIDGFORTH;
DUE TO EXCUSAL OF JUDGE MARTINEZ FILED IN JOINDER CASE
08/12/2002 SUMMONS RETURN
AMENDED CRIMINAL SUMMONS RETURN - SERVED TO DEFT
ON: 8-2-02
APPEAR: 8-5-02
8 AM
08/12/2002 SUMMONS RETURN
CRIMINAL SUMMONS RETURN - MAILED TO DEFT
ON: 8-2-02
APPEAR: 8-12-02
8 AM
08/06/2002 TAP: ARRAIGNMENT
HEARING: ARRGNMT
DATE: 8-5-2002
TAPE: 02/1765 #1
MONITOR: Suzanne Zapien
08/06/2002 ARRAIGNMENT & PLEA
ARRAIGNMENT & PLEA
INTERPRETER: NO
PLEA: NOT GUILTY
DATE: 8-5-02
ATTORNEY: JOE SHATTUCK
08/02/2002 SUMMONS ISSUED D 1
AMENDED CRIMINAL SUMMONS ISSUED TO: DEFT @ DACDC
APPEAR: 8-5-02
8AM
08/01/2002 TAP: GRAND JURY
HEARING: GRAND JURY
DATE: 8-1-2002
MONITOR:SUZANNE ZAPIEN
TAPE: 02/1748 #1-3
08/01/2002 STATEMENT OF JOINDER
STATEMENT OF JOINDER/SUSANA MARTINEZ -DA
CASES JOINED FOR TRIAL CR 02-689, CR 02-690, 691, 692, 693
08/01/2002 SUMMONS ISSUED D 1
CRIMINAL SUMMONS ISSUED TO: DEFT
APPEAR: 8-12-02
8AM
OPN: GRAND JURY
08/01/2002 D 1
INDICTMENT
GRAND JURY INDICTMENT - BOND: $500,000 SECURED
ADA: SUSANA MARTINEZ ADA
CT 1 & 3: CHILD ABUSE - INTENTIONAL (RESULTING IN DEATH OR
GREAT BODILY HARM)
CT 2: CONSPIRACY TO COMMIT CHILD ABUSE - INTENTIONAL
(RESULTING IN DEATH OR GREAT BODIY HARM)
CT 3: CRIMINAL SEXUAL PENETRATION IN THE 1ST DEG (CHILD
UNDER 13)
CT 5: CHILD ABUSE - NEGLIGENTLY PERMIT (NO DEATH OR GREAT
BODILY HARM)
JUDGE ASSIGNMENT HISTORY
ASSIGNMENT SEQUENCE ASSIGNMENT EVENT

JUDGE NAME
DATE # DESCRIPTION
LOURDES A
08/01/2002 1 INITIAL ASSIGNMENT
MARTINEZ
STEPHEN JDG: JUDGE ASSIGN
08/13/2002 2
BRIDGFORTH TRANSFER
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Caselookup - Case Detail Page 1 of 14

Name Search Case Number Search DWI Search

STATE VS. WALTERS ANDREW SR

D-307-CR- STEPHEN LAS CRUCES DISTRICT

PARTIES TO THIS CASE

PARTY TYPE PARTY DESCRIPTION PARTY # PARTY NAME

D DEFENDANT 1 WALTERS ANDREW SR

ATTORNEY: GARY C MITCHELL PC

P PLAINTIFF 1 STATE OF NEW MEXICO

PO PROB OFFICER 1 ADULT PROBATION OFFICER

CRIMINAL CHARGE DETAIL

SEQ CHARGE CIT

REGISTER OF ACTIONS ACTIVITY

EVENT PARTY PARTY

01/04/2008 CLS: ORD/ORD TO CLOSE D 1

COA AFFIRMED CTS 1 3 5

REVERSED CT 2 - DA'S OFFICE NOLLED ON 1-3-08

SIGNED BY: JUDGE BRIDGFORTH

01/03/2008 NCJ: NOLLE COUNTS/OTHER D 1

NOLLE PROSEQUI AS TO COUNT 2 ONLY

REASON: BEST INTERST OF JUSTICE

10/15/2007 EXHIBIT RECEIPT

RECEIPT- FROM SUPREME COURT ON 10-15-07

RECEIVED BY LILYANA ATENCIO

09/24/2007 ORA MEMO OPINION

MEMORANDUM OPINION - ORIGINAL PROCEEDING ON CERTIORARI

FROM SUPREME COURT OF THE STATE OF NEW MEXICO

WE VACATE CONSPIRACY CONVICTION AND REMAND FOR NEW TRIAL

09/24/2007 ORA MANDATE

MANDATE TO DISTRICT COURT CLERK NO COA: 24,585

FROM COURT OF APPEAL OF THE STATE OF NEW MEXICO

RE: ANDREW WALTERS SR AKA ANDY WALTERS SR

1.[ ] ATTACHED IS A TRUE AND CORRECT COPY OF THE ORIGINAL

DECISION ENTERED IN THE ABOVE ENTITLED CAUSE

2.[ ] THIS DECISION BEING NOW FINAL, THE CAUSE IS REMANDED

TO YOU FOR ANY FURTHER PROCEEDINGS CONSISTENT WITH

3.[X ] WRIT OF CERTIORARI HAVING BEEN ISSUED BY NMSC AND

THEIR DECISION BEING FINAL, THIS CAUSE IS REMANDED TO

YOU FOR ANY FUTHRE PROCEEDINGS CONSISTENT WITH SAID

SUPREME COURT DECISION ATTACHED HERETO

4.[ ] YOU ARE DIRECTED TO ISSUE ANY COMMITMENT NECESSARY FOR

THE EXECUTION OF YOU JUDGEMENT AND SENTENCE

5.[ ] DISTRICT COURT CLERK'S RECORD RETURNED HEREWITH:

__ TAPES; __ TRANSCRIPTS; __ DEPOSITIONS; __ OTHER

6.[ ] EXHIBITS FILED HEREIN SHALL BE:

__PICKED UP @ CLERK'S OFFICE FORTHWITH

__RETURNED BY THIS CLERK'S OFFICE

7.[ ] COST BILL IS ASSESSED AS FOLLOWS

8.[ ] ATTORNEY FEES ON APPEAL ARE GRANTED AS FOLLOWS

09/19/2007 ORA MEMO OPINION D 1

OPINION - FROM THE SUPREME CURT # 29806

WE REVERSE THE COA DECISION TO OVERTURN DEFT'S CONVICTIONS

RE:REMAND FOR SEPARTE TRIAL

WE AFFIRM CONVCITIONS'S FOR INTENTIONAL CHILD ABUSE

RESULTING IN DEATH OR GREAT BODILY HARM & CSP OF CHILD

UNDER 13 YRS IN THE 1ST DEG - HOWEVER,W/REGARDS TO DEFT'S

CONVICTIONS FOR CONSPIRACY TO COMMIT INTENTIONAL CHILD

ABUSE RESULTING IN DEATH OR GREAT BODILY HARM WE AFFIRM

COA'S DECISION TO REVERSE DEFT'S CONVICTION. WE VACATE

DEFT'S CONSPIRACY CONVICTION & REMAND FOR A NEW TRIAL IN

WHICH DEFT MAY BE RETRIED ON THAT COUNT

RE: ANDREW WALTERS SR

05/04/2006 NTC: NOTICE

TAPES; TRANSCRIPTS; DEPOSITIONS; OTHER