Opinion
NO. 32,112
06-15-2012
STATE OF NEW MEXICO, Plaintiff-Appellee, v. PRESTON BENALLY, Defendant-Appellant.
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
This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 McKINLEY COUNTY
Robert A. Aragon, District Judge
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
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.
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RODERICK T. KENNEDY, Judge
WE CONCUR:
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MICHAEL D. BUSTAMANTE, Judge
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JONATHAN B. SUTIN, Judge