State v. Perez

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. A-1-CA-37268

5 CELENA PEREZ,

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 8 Douglas R. Driggers, District Judge

9 Hector H. Balderas, Attorney General 10 Santa Fe, NM

11 for Appellee

12 Bennett J. Baur, Chief Public Defender 13 Kathleen T. Baldridge, Assistant Public Defender 14 Santa Fe, NM

15 for Appellant

16 MEMORANDUM OPINION

17 VIGIL, Judge.

18 {1} Defendant Celena Perez appeals from the judgment and order suspending

19 sentence resulting from her conditional no contest plea, convicting her of possession 1 of a controlled substance and possession of marijuana or synthetic cannabinoids. [RP

2 101] Defendant reserved the right to appeal the court’s ruling on her motion to

3 suppress. [RP 96, 112] This Court issued a calendar notice on August 29, 2018,

4 proposing summary reversal on the basis that the search of Defendant’s person was

5 unlawful. [CN 2] On September 18, 2018, the State filed a response to the calendar

6 notice indicating that it will not file a memorandum in opposition. Thus, for the

7 reasons stated in the calendar notice, we reverse and remand to the district court.

8 {2} IT IS SO ORDERED.

9 ____________________________________ 10 MICHAEL E. VIGIL, Judge

11 WE CONCUR:

12 _______________________________ 13 HENRY M. BOHNHOFF, Judge

14 _______________________________ 15 DANIEL J. GALLEGOS, Judge