AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Celena Perez, the Defendant, entered a conditional no contest plea to charges of possession of a controlled substance and possession of marijuana or synthetic cannabinoids. She reserved the right to appeal the court's decision on her motion to suppress evidence obtained from the search of her person (para 1).

Procedural History

• Appeal from the District Court of Doña Ana County, Douglas R. Driggers, District Judge, convicting the Defendant of possession of a controlled substance and possession of marijuana or synthetic cannabinoids following a conditional no contest plea.

Parties' Submissions

• Appellant: Argued that the search of her person was unlawful and appealed the court's ruling on her motion to suppress (para 1).
• Appellee: Indicated that it would not file a memorandum in opposition to the calendar notice proposing summary reversal of the search's legality (para 1).

Legal Issues

• Whether the search of the Defendant's person was lawful.

Disposition

• The Court of Appeals reversed the district court's decision and remanded the case for further proceedings, based on the unlawfulness of the search of Defendant's person (para 2).

Reasons

• Per Michael E. Vigil, J. (Henry M. Bohnhoff, J., and Daniel J. Gallegos, J., concurring): The decision to reverse and remand was based on the Court's assessment that the search of the Defendant's person was unlawful. This conclusion was reached after the State indicated it would not oppose the Court's proposal for summary reversal, as stated in the calendar notice issued on August 29, 2018. The lack of opposition from the State to the proposed summary reversal was a significant factor in the Court's decision (paras 1-2).