State v. Nez ( 2014 )

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, 4 v. No. 33,768 5 BRANDON SHAWN NEZ, 6 Defendant-Appellee. 7 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY 8 Louis E. DePauli, Jr., District Judge 9 Gary K. King, Attorney General 10 Margaret McLean, Assistant Attorney General 11 Santa Fe, NM 12 for Appellant 13 Steven F. Seeger 14 Gallup, NM 15 for Appellee 16 MEMORANDUM OPINION 17 FRY, Judge. 18 {1} The State of New Mexico (the State) filed a docketing statement, appealing 19 from the district court’s order granting defendant Brandon Shawn Nez’s (Defendant) 20 motion to suppress evidence. This Court issued a calendar notice, proposing to 1 summarily affirm the order. The State filed a response to our notice, requesting that 2 this Court follow its proposed disposition. [MIO 2] Accordingly, for the reasons stated 3 in our notice of proposed disposition, we affirm the district court’s order granting 4 Defendant’s motion to suppress. 5 {2} IT IS SO ORDERED. 6 7 CYNTHIA A. FRY, Judge 8 WE CONCUR: 9 10 RODERICK T. KENNEDY, Chief Judge 11 12 M. MONICA ZAMORA, Judge 2