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STATE V. VICENTE

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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
GILBERTO VICENTE,
Defendant-Appellant.

No. 35,368

COURT OF APPEALS OF NEW MEXICO

May 18, 2016


APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, John A. Dean, Jr., District Judge

COUNSEL

Hector H. Balderas, Attorney General, Santa Fe, NM, Charles J. Gutierrez, Assistant Attorney General, Albuquerque, NM, for Appellee

Bennett J. Baur, Chief Public Defender, Sergio Viscoli, Director, Santa Fe, NM, for Appellant

JUDGES

MICHAEL D. BUSTAMANTE, Judge. WE CONCUR: RODERICK T. KENNEDY, Judge, M. MONICA ZAMORA, Judge

AUTHOR: MICHAEL D. BUSTAMANTE

MEMORANDUM OPINION

BUSTAMANTE, Judge.

{1}       Defendant has appealed from a conviction for trafficking a controlled substance, specifically and exclusively challenging the denial of a motion to suppress. We previously issued a notice of proposed summary disposition, proposing to reverse. The State has filed a response with this Court indicating that it does not oppose our proposed summary disposition.

{2}       Accordingly, for the reasons previously stated, we reverse and remand for further proceedings.

{3}       IT IS SO ORDERED.

MICHAEL D. BUSTAMANTE, Judge

WE CONCUR:

RODERICK T. KENNEDY, Judge

M. MONICA ZAMORA, Judge

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