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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Opinion Number: 2009-NMCA-083 Filing Date: June 30, 2009 Docket No. 28,480 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. APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY James A. Hall, District Judge 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

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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 of Thomas Edward Vives (Petitioner) seeking to bind Respondents to the allegations of the complaint and for a ruling as a matter of law that Petitioner did not have to file as a sex offender in New Mexico. The district court granted Respondents' cross-motion for summary judgment on the merits. We affirm the district court. I. BACKGROUND

{2} In Florida in 1992, Petitioner pled nolo contendere to engaging in a sex act with a child under eighteen years old, contrary to Florida Statute Section 794.041(2)(b) (1992) (repealed by Laws 1993, c. 93-156,

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