Court of Appeals of New Mexico

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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
TIMOTHY J., a Child,
Defendant-Appellant.

NO. 29,555

COURT OF APPEALS OF NEW MEXICO

March 9, 2010

APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY, Freddie J. Romero, District Judge

COUNSEL

Gary K. King, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Appellee

Hugh W. Dangler, Chief Public Defender, Nancy Hewitt, Appellate Defender, Santa Fe, NM, for Appellant

JUDGES

JAMES J. WECHSLER, Judge. WE CONCUR: CYNTHIA A. FRY, Chief Judge, RODERICK T. KENNEDY, Judge

AUTHOR: JAMES J. WECHSLER

MEMORANDUM OPINION

WECHSLER, Judge.

Timothy J. (Child) appeals his adjudication of delinquency after pleading no contest to several allegations including fraudulent signing of a credit card sales slip, burglary of a motor vehicle, and unlawful possession of a handgun. [RP 36-41] Child reserved the right to appeal the district court’s partial denial of his motion to suppress evidence. [RP 40] On August 26, 2009, this Court filed a calendar notice proposing to reverse the district court. The State has filed a notice of intent not to file a memorandum in opposition to proposed summary reversal.

For the reasons set forth in our calendar notice, we reverse the district court’s denial of Child’s motion to suppress evidence and remand to the district court for further proceedings consistent with this opinion.

IT IS SO ORDERED.

JAMES J. WECHSLER, Judge

WE CONCUR:

CYNTHIA A. FRY, Chief Judge

RODERICK T. KENNEDY, Judge