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State v. Martinez

COURT OF APPEALS OF THE STATE OF NEW MEXICO
May 14, 2018
No. A-1-CA-35111 (N.M. Ct. App. May. 14, 2018)

Opinion

No. A-1-CA-35111

05-14-2018

STATE OF NEW MEXICO, Plaintiff-Appellant, v. WILLIAM DANIEL MARTINEZ, Defendant-Appellee.

Hector H. Balderas, Attorney General Santa Fe, NM John J. Woykovsky, Assistant Attorney General Albuquerque, NM for Appellant Bennett J. Baur, Chief Public Defender Mary Barket, Assistant Appellate Defender Santa Fe, NM for Appellee


This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
Karen L. Townsend, District Judge Hector H. Balderas, Attorney General
Santa Fe, NM
John J. Woykovsky, Assistant Attorney General
Albuquerque, NM for Appellant Bennett J. Baur, Chief Public Defender
Mary Barket, Assistant Appellate Defender
Santa Fe, NM for Appellee

MEMORANDUM OPINION

FRENCH, Judge. {1} The State of New Mexico (Plaintiff) appeals the district court's orders granting Defendant William Daniel Martinez's motion to dismiss and dismissal of charge without prejudice. Defendant was charged with a single count of aggravated fleeing a law enforcement officer pursuant to NMSA 1978, Section 30-22-1.1 (2003). The sole issue before the district court was whether the deputy's vehicle was an "appropriately marked law enforcement vehicle" pursuant to Section 30-22-1.1(A). The district court found (1) that the law enforcement vehicle "was equipped with red and blue LED lights located within the grill area that were visible through the grill even when not activated[,]" (2) that the vehicle "had a siren, the speakers of which were also located within the grill area[,]" (3) "[t]he vehicle had an antenna that is not common to civilian vehicles[,]" and (4) the deputy "activated his red and blue flashing lights and his siren" resulting in Defendant eluding the deputy. Importantly, the district court also found that the law enforcement vehicle "bore no insignias, stripes, decals, labels, seals, symbols or other pictorial signs or lettering indicating its identity as a law enforcement vehicle." In concluding that the deputy's vehicle was not "appropriately marked" pursuant to Section 30-22-1.1(A), the district court ruled that to be marked, "requires at a minimum some type of readily observable insignia or lettering that conveys the identity or ownership of the vehicle." {2} This case raises the same issue, appropriately marked law enforcement vehicle, pursuant to Section 30-22-1.1(A), as the one this Court recently decided in State v. Montano, ___-NMCA-___, ¶¶ 1, 35-47, ___P.3d___(No. A-1-CA-35275, March 29, 2018). For the same reasons as those discussed in Montano, we reverse.

{3} IT IS SO ORDERED.

/s/ _________

STEPHEN G. FRENCH, Judge

WE CONCUR:

/s/ _________
LINDA M. VANZI, Chief Judge /s/ _________
HENRY M. BOHNHOFF, Judge


Summaries of

State v. Martinez

COURT OF APPEALS OF THE STATE OF NEW MEXICO
May 14, 2018
No. A-1-CA-35111 (N.M. Ct. App. May. 14, 2018)
Case details for

State v. Martinez

Case Details

Full title:STATE OF NEW MEXICO, Plaintiff-Appellant, v. WILLIAM DANIEL MARTINEZ…

Court:COURT OF APPEALS OF THE STATE OF NEW MEXICO

Date published: May 14, 2018

Citations

No. A-1-CA-35111 (N.M. Ct. App. May. 14, 2018)