State v. Flowers

Opinion

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computergenerated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-39651 STATE OF NEW MEXICO, Plaintiff-Appellant, v. NICOLE L. FLOWERS, Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Fred T. Van Soelen, District Judge

Hector H. Balderas, Attorney General Santa Fe, NM Jane A. Bernstein, Assistant Attorney General Albuquerque, NM

for Appellant

Bennett J. Baur, Chief Public Defender Santa Fe, NM

for Appellee MEMORANDUM OPINION

DUFFY, Judge.

{1} The State appeals from a district court order granting Defendant’s motion to suppress. We issued a calendar notice proposing to affirm. The State has responded by indicating that it will not file a memorandum in opposition. Accordingly, we affirm the district court order granting Defendant’s motion to suppress. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”).

{2} IT IS SO ORDERED. MEGAN P. DUFFY, Judge WE CONCUR: JACQUELINE R. MEDINA, Judge JANE B. YOHALEM, Judge