Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,472 documents
Citations - New Mexico Appellate Reports
State v. Caldwell - cited by 121 documents
Decision Content
STATE V. ADRIAN M.
This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
ADRIAN M.,
Child-Appellant.
NO. 30,946
COURT OF APPEALS OF NEW MEXICO
April 25, 2012
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Sandra
A. Price, District Judge
COUNSEL
Gary K. King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Appellee
Jacqueline L. Cooper, Chief Public Defender, Santa Fe, NM, Christopher M. Spinner, Assistant Appellant Defender, Aztec, NM, for Appellant
JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, JONATHAN B. SUTIN, Judge
AUTHOR:
MEMORANDUM OPINION
KENNEDY, Judge.
Pursuant to a conditional plea agreement, Adrian M. (Child) appeals from the district court’s denial of his motion to suppress. The State has filed an answer brief, conceding that the district court erred.
The State asserts several grounds upon which the officer’s stop of Child was unlawful. We are not bound by the State’s concessions. See State v. Caldwell, 2008-NMCA-049, ¶ 8, 143 N.M. 792, 182 P.3d 775 (“This Court, however, is not bound by the State’s concession[,] and we conduct our own analysis.”).
CONCLUSION
Upon our review, we accept the State’s concession of error on the basis that the officer’s stop of Child had no valid basis. For this reason, we reverse the district court’s denial of Child’s motion to suppress.
IT IS SO ORDERED.
RODERICK T. KENNEDY, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
JONATHAN B. SUTIN, Judge