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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 32,102 BERLINDA GONZALES, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Kenneth H. Martinez, District Judge

9 Gary K. King, Attorney General M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellant Jacqueline L. Cooper, Chief Public Defender Sergio Viscoli, Assistant Appellate Defender Santa Fe, NM for Appellee

17 MEMORANDUM OPINION KENNEDY, Judge.

1 The State appeals from the order suppressing statements made by Berlinda Gonzales (Defendant). We issued two calendar notices proposing to affirm. In our second calendar notice, we noted that the district court accepted Defendant’s claims that she was in custody when she was questioned and that she was not given Miranda warnings, and we proposed to conclude that the district court was correct in suppressing Defendant’s statements. In response, the State has notified this Court that it will not be filing a memorandum in opposition to our second calendar notice.

8 Therefore, for the reasons discussed in this Opinion and in our second calendar notice, we affirm the decision of the district court.

10 IT IS SO ORDERED.

11 _______________________________ 12 RODERICK T. KENNEDY, Judge

13 WE CONCUR:

14 _________________________________ JAMES J. WECHSLER, Judge

16 _________________________________ MICHAEL D. BUSTAMANTE, Judge