Court of Appeals of New Mexico
Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,534 documents
Citations - New Mexico Appellate Reports
Henry v. Daniel - cited by 67 documents
Decision Content
STATE V. FRANCO
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
STATE OF NEW MEXICO,
Plaintiff-Appellant,
v.
MARQUIS FRANCO,
Defendant-Appellee.
No. 32,346
COURT OF APPEALS OF NEW MEXICO
November 19, 2012
APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY, Freddie
J. Romero, District Judge
COUNSEL
Gary K. King, Attorney General, Margaret E. McLean, Assistant Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, NM, for Appellant
Jacqueline Cooper, Chief Public Defender, Nancy Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Appellee
JUDGES
JONATHAN B. SUTIN, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, J. MILES HANISEE, Judge
MEMORANDUM OPINION
SUTIN, Judge.
The State appeals from a district court order suppressing evidence. We issued a calendar notice proposing to affirm. The State has filed a suggestion of death, indicating that Defendant has died. See Rule 12-301(A) NMRA. The State has also filed a response, indicating it will not be filing a memorandum in opposition. Rule 12-301(A) gives this Court discretion in deciding how to proceed after notification of the death of a party. See Henry v. Daniel, 2004-NMCA-016, ¶ 15, 135 N.M. 261, 87 P.3d 541 (discussing this Court’s discretion to resolve appeal on the merits following death of a party). In light of the foregoing, this appeal is dismissed as moot.
IT IS SO ORDERED.
JONATHAN B. SUTIN, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
J. MILES HANISEE, Judge