State v. Ortega

Opinion

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

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. NO. 33,117

5 BROOKLIN ORTEGA,

6 Defendant-Appellant.

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

9 Gary K. King, Attorney General 10 Santa Fe, NM 11 M. Victoria Wilson, Assistant Attorney General 12 Albuquerque, NM

13 for Appellee

14 Jorge A. Alvarado, Chief Public Defender 15 Sergio Viscoli, Assistant Appellate Defender 16 Santa Fe, NM

17 for Appellant

18 MEMORANDUM OPINION

19 VIGIL, Judge. 1 {1} Defendant-Appellant Brooklin Ortega (Defendant) has filed an application for

2 interlocutory appeal, seeking review of the denial of her pretrial motion to suppress.

3 On September 23, 2013, we granted the application and issued a notice of proposed

4 summary disposition, proposing to reverse and remand. The State has filed a

5 response, which is accepted as timely, indicating that it does not oppose our proposed

6 summary disposition.

7 {2} Accordingly, for the reasons stated in the notice of proposed summary

8 disposition, we reverse and remand for further proceedings.

9 {3} IT IS SO ORDERED.

10 __________________________________ 11 MICHAEL E. VIGIL, Judge

12 WE CONCUR:

13 ___________________________________ 14 MICHAEL D. BUSTAMANTE, Judge

15 ___________________________________ 16 CYNTHIA A. FRY, Judge