State v. Gonzalez

Opinion

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellant,

4 v. NO. 32,102

5 BERLINDA GONZALES,

6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Kenneth H. Martinez, District Judge

9 Gary K. King, Attorney General 10 M. Anne Kelly, Assistant Attorney General 11 Albuquerque, NM

12 for Appellant

13 Jacqueline L. Cooper, Chief Public Defender 14 Sergio Viscoli, Assistant Appellate Defender 15 Santa Fe, NM

16 for Appellee

17 MEMORANDUM OPINION

18 KENNEDY, Judge. 1 The State appeals from the order suppressing statements made by Berlinda

2 Gonzales (Defendant). We issued two calendar notices proposing to affirm. In our

3 second calendar notice, we noted that the district court accepted Defendant’s claims

4 that she was in custody when she was questioned and that she was not given Miranda

5 warnings, and we proposed to conclude that the district court was correct in

6 suppressing Defendant’s statements. In response, the State has notified this Court that

7 it will not be filing a memorandum in opposition to our second calendar notice.

8 Therefore, for the reasons discussed in this Opinion and in our second calendar notice,

9 we affirm the decision of the district court.

10 IT IS SO ORDERED.

11 _______________________________ 12 RODERICK T. KENNEDY, Judge

13 WE CONCUR:

14 _________________________________ 15 JAMES J. WECHSLER, Judge

16 _________________________________ 17 MICHAEL D. BUSTAMANTE, Judge