State Vs. Lopez (Monique)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE STATE OF NEVADA, No. 78280 Appellant, vs. MONIQUE NICOLE LOPEZ,

FEB 1 3 2020

Respondent.

ELIZAPET.' BROWN CLERK OF Zji..r4;r:ME COURT BY S.Y

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DEPUT; 6-

ORDER OF AFFIRMANCE

This is an appeal from a district court order granting in part respondent's motion to suppress. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge.

Having reviewed the parties arguments and the record. on appeal, we affirm the district court order granting the motion to suppress. We decline to overrule Rice v. State, 113 Nev. 425, 936 P.2d 319 (1997).1

1To the extent appellant makes an argument that the search was proper even under Rice, we conclude appellant has waived that argument as appellant failed to raise it below and raised it for the first time in its reply brief. Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) (A point not urged in the trial court, unless it goes to the jurisdiction of that court, is deemed to have been waived and will not be considered on appeal."); LaChance v. State, 130 Nev. 263, 277 n.7, 321 P.3d 919, 929 n.7 (2014) (holding the NRCP does not allow litigants to raise a new issue for the first time in a reply brief.)

SUPREME COURT OF NEVADA

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The motion to suppress was properly granted under Rice. Accordingly, we ORDER the judgment of the district court AFFIRMED.

C.J.

J.

Gibbons

esty

Parraguirre

J.

Stiglich

4/ f1

Cadish

J.

Silver

cc: Hon. Nancy L. Porter, District Judge Attorney General/Carson City Elko County District Attorney Elko County Public Defender Elko County Clerk

SUPREME COURT OF NEVADA

clAbt.

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