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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 34,490 DANIEL R., 6 Child-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Angie K. Schneider, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellant Russell Dean Clark LLC Russell Dean Clark Las Cruces, NM for Appellee 16 MEMORANDUM OPINION GARCIA, Judge.

18 {1} The State appealed from the district court’s order granting, in part, Daniel R.’s (Child) motion to suppress. This Court’s calendar notice proposed to affirm on the basis that the district court’s findings supported the ruling that there were no exigent circumstances justifying a warrantless entry into Child’s home, and therefore, the officer violated Child’s rights to be free from an unreasonable search and seizure. [RP 145-46] The State filed a response to the proposed disposition stating that it does not oppose the summary disposition. For these reasons, and those stated in this Court’s calendar notice, we affirm.

8 {2} IT IS SO ORDERED.

9 ________________________________ 10 TIMOTHY L. GARCIA, Judge WE CONCUR:

12 _______________________________ RODERICK T. KENNEDY, Judge

14 _______________________________ M. MONICA ZAMORA, Judge