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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. A-1-CA-36541 ROBERT E. JOHNSON, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Fernando R. Macias, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Steven J. Forsberg, Assistant Public Defender Albuquerque, NM for Appellant 16 MEMORANDUM OPINION VANZI, Chief Judge.

18 {1} Defendant Robert E. Johnson appeals his convictions for two counts of possession of a controlled substance and one count of possession of marijuana, all contrary to NMSA 1978, Section 30-31-23(A) (2011), [RP 89-92] pursuant to a conditional plea [RP 81-87] that reserved the right to appeal the denial of his motion to suppress [RP 82]. In response to Defendant’s docketing statement, we proposed to affirm. Defendant has filed a memorandum in opposition (MIO). After due consideration, we are unpersuaded and therefore affirm.

6 {2} Defendant has not persuaded us in his MIO that there was an error of law or fact in our proposed disposition. Accordingly, for the reasons stated in our notice of proposed summary disposition and above, we affirm. See Farmers, Inc. v. Dal Mach.

9 & Fabricating, Inc., 1990-NMSC-100, ¶ 8, 111 N.M. 6, 800 P.2d 1063 (stating that our appellate courts presume that the trial court is correct and, accordingly, the burden is on the appellant to clearly demonstrate that the trial court erred); Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“[I]n summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law.”).

15 {3} IT IS SO ORDERED.

16 __________________________________ 17 LINDA M. VANZI, Chief Judge WE CONCUR:

19 _________________________________ J. MILES HANISEE, Judge

1 _________________________________ JULIE J. VARGAS, Judge