Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,423 documents
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STATE V. BENALLY
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
PRESTON BENALLY,
Defendant-Appellant.
No. 32,112
COURT OF APPEALS OF NEW MEXICO
June 15, 2012
APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY, Robert
A. Aragon, District Judge
COUNSEL
Gary K. King, Attorney General, Margaret E. McLean, Assistant Attorney General, Joel Jacobson, Assistant Attorney General, Santa Fe, NM, for Appellee
Jacqueline L. Cooper, Chief Public Defender, Sergio Viscoli, Assistant Appellate Defender, Santa Fe, NM, for Appellant
JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, JONATHAN B. SUTIN, Judge
MEMORANDUM OPINION
KENNEDY, Judge.
The State appeals from an order of suppression. We proposed to affirm in a calendar notice. We noted that the State bears the burden of establishing reasonable suspicion to make a stop, and we proposed to hold that the district court could determine whether there was sufficient support for the stop in this case. The State informs this Court that it will not be filing a memorandum in opposition to our calendar notice. We therefore affirm based on the discussion in our calendar notice.
IT IS SO ORDERED.
RODERICK T. KENNEDY, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
JONATHAN B. SUTIN, Judge