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STATE V. NEZ

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
BRANDON SHAWN NEZ,
Defendant-Appellee.

No. 33,768

COURT OF APPEALS OF NEW MEXICO

September 8, 2014


APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY, Louis E. DePauli, Jr., District Judge

COUNSEL

Gary K. King, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Appellant

Steven F. Seeger, Gallup, NM, for Appellee

JUDGES

CYNTHIA A. FRY, Judge. WE CONCUR: RODERICK T. KENNEDY, Chief Judge, M. MONICA ZAMORA, Judge

AUTHOR: CYNTHIA A. FRY

MEMORANDUM OPINION

FRY, Judge.

{1}       The State of New Mexico (the State) filed a docketing statement, appealing from the district court’s order granting defendant Brandon Shawn Nez’s (Defendant) motion to suppress evidence. This Court issued a calendar notice, proposing to summarily affirm the order. The State filed a response to our notice, requesting that this Court follow its proposed disposition. [MIO 2] Accordingly, for the reasons stated in our notice of proposed disposition, we affirm the district court’s order granting Defendant’s motion to suppress.

{2}       IT IS SO ORDERED.

CYNTHIA A. FRY, Judge

WE CONCUR:

RODERICK T. KENNEDY, Chief Judge

M. MONICA ZAMORA, Judge

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