New Mexico Court of Appeals, 2010

State v. Timothy J

State v. Timothy J
New Mexico Court of Appeals · Decided March 9, 2010

State v. Timothy J

Opinion

1 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.

3 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.

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 8 Plaintiff-Appellee, v. NO. 29,555 TIMOTHY J., a Child, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Freddie J. Romero, District Judge 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 22 MEMORANDUM OPINION WECHSLER, Judge.

1 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.

8 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.

11 IT IS SO ORDERED.

12 _______________________________ 13 JAMES J. WECHSLER, Judge WE CONCUR:

15 ______________________________ CYNTHIA A. FRY, Chief Judge

17 ______________________________ RODERICK T. KENNEDY, Judge

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