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

• The case involves the State's appeal of a district court order that suppressed evidence obtained during a pat-down of the Defendant. The appeal process experienced a delay due to the late appointment of appellate counsel for the Defendant. Subsequently, the Defendant responded to the notice of proposed disposition and filed a motion to remand the case for dismissal based on a plea agreement with the State. The State agreed to the dismissal of charges if their appeal succeeded and filed a motion to dismiss its own appeal, aligning with the Defendant's position that the plea agreement rendered the appeal moot (para 1).

Procedural History

• District Court of Bernalillo County, Charles W. Brown, District Judge: Suppressed certain evidence discovered during a pat-down of the Defendant.

Parties' Submissions

• State: Argued for the reversal of the district court's decision to suppress evidence obtained during the pat-down of the Defendant.
• Defendant: Responded to the notice of proposed disposition and filed a motion to remand the case for dismissal based on a plea agreement, which stipulated that the State would not pursue charges against the Defendant if the State's appeal was successful (para 1).

Legal Issues

• Whether the district court's order suppressing evidence obtained during a pat-down of the Defendant should be reversed.
• Whether the plea agreement, which stipulated the non-prosecution of charges against the Defendant if the State's appeal succeeded, moots the appeal and requires dismissal of the charges (para 1).

Disposition

• The appeal is dismissed, and the case is remanded for dismissal of the charges filed below (para 2).

Reasons

• Per J. MILES HANISEE (JAMES J. WECHSLER, Judge, and TIMOTHY L. GARCIA, Judge concurring):
  The decision to dismiss the appeal and remand for dismissal of the charges was based on the State's agreement with the Defendant's contention that the plea agreement mooted the appeal. The State filed a motion to dismiss its own appeal, aligning with the Defendant's motion to remand the case for dismissal based on the plea agreement. The court found no reason not to grant the State's motion, leading to the dismissal of the appeal and the remand for dismissal of the charges filed below (paras 1-2).