Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,546 documents
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STATE V. ELLIS
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
MARVIN ELLIS,
Defendant-Appellant.
NO. 31,367
COURT OF APPEALS OF NEW MEXICO
January 18, 2012
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Neil
C. Candelaria, District Judge
COUNSEL
Gary K. King, Attorney General, Santa Fe, NM, Francine A. Chavez, Assistant Attorney General, Albuquerque, NM, for Appellee
Marvin Ellis, Pro Se, Santa Rosa, NM, Pro Se Appellant
JUDGES
CYNTHIA A. FRY, Judge. WE CONCUR: TIMOTHY L. GARCIA, Judge, J. MILES HANISEE, Judge
AUTHOR:
MEMORANDUM OPINION
FRY, Judge.
Defendant appeals pro se from the district court’s order denying Defendant’s motion for an order requiring the return of currency taken at the time Defendant was arrested on multiple counts of fraud, racketeering, and embezzlement. [RP 227 (This appeal concerns four district court cases that were consolidated on April 1, 2009, citation is to the record proper in CR-07-01759)] We proposed to reverse in a notice of proposed summary disposition. The State has filed a timely notice stating that it will not file a memorandum in opposition to our notice of proposed summary disposition, and Defendant has filed a memorandum in support.
Therefore, for the reasons set forth in our notice of proposed summary disposition, we reverse the district court’s order denying Defendant’s motion for an order requiring the return of $1,700 in currency and Defendant’s wallet which were taken from him at the time of his arrest.
IT IS SO ORDERED.
CYNTHIA A. FRY, Judge
WE CONCUR:
TIMOTHY L. GARCIA, Judge
J. MILES HANISEE, Judge