Opinion
A-1-CA-39173
12-07-2021
STATE OF NEW MEXICO, Plaintiff-Appellant, v. PAMELA B. GONZALES, Defendant-Appellee.
Hector H. Balderas, Attorney General Santa Fe, NM Walter Hart, Assistant Attorney General Albuquerque, NM for Appellant D. Eric Hannum Albuquerque, NM for Appellee
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.
APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY George P. Eichwald, District Judge
Hector H. Balderas, Attorney General
Santa Fe, NM
Walter Hart, Assistant Attorney General
Albuquerque, NM
for Appellant
D. Eric Hannum
Albuquerque, NM
for Appellee
MEMORANDUM OPINION
MEGAN P. DUFFY, Judge
{¶1} The State appeals from a district court order granting Defendant's motion to suppress based on an unlawful seizure. We issued a calendar notice proposing to affirm. The State has responded by informing us that it will not be filing a memorandum in opposition. Accordingly, we affirm. See State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that "[a] party responding to a summary calendar notice must come forward and specifically point out errors of law and fact," superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374.
{¶2} IT IS SO ORDERED.
WE CONCUR: JENNIFER L. ATTREP, Judge, KRISTINA BOGARDUS, Judge