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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 30,946 ADRIAN M., 6 Child-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Sandra A. Price, District Judge

9 Gary K. King, Attorney General Andrew S. Montgomery, Assistant Attorney General Santa Fe, NM for Appellee Jacqueline L. Cooper, Chief Public Defender Santa Fe, NM Christopher M. Spinner, Assistant Appellant Defender Aztec, NM for Appellant 1 MEMORANDUM OPINION KENNEDY, Judge.

3 Pursuant to a conditional plea agreement, Adrian M. (Child) appeals from the district court’s denial of his motion to suppress. The State has filed an answer brief, conceding that the district court erred.

6 The State asserts several grounds upon which the officer’s stop of Child was unlawful. We are not bound by the State’s concessions. See State v. Caldwell, 2008- NMCA-049, ¶ 8, 143 N.M. 792, 182 P.3d 775 (“This Court, however, is not bound by the State’s concession[,] and we conduct our own analysis.”).

10 CONCLUSION 11 Upon our review, we accept the State’s concession of error on the basis that the officer’s stop of Child had no valid basis. For this reason, we reverse the district court’s denial of Child’s motion to suppress.

14 IT IS SO ORDERED.

15 _______________________________ 16 RODERICK T. KENNEDY, Judge

1 WE CONCUR:

2 _________________________________ MICHAEL D. BUSTAMANTE, Judge

4 _________________________________ JONATHAN B. SUTIN, Judge