This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. A-1-CA-37268 CELENA PEREZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Douglas R. Driggers, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Public Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION VIGIL, Judge.

18 {1} Defendant Celena Perez appeals from the judgment and order suspending sentence resulting from her conditional no contest plea, convicting her of possession of a controlled substance and possession of marijuana or synthetic cannabinoids. [RP 101] Defendant reserved the right to appeal the court’s ruling on her motion to suppress. [RP 96, 112] This Court issued a calendar notice on August 29, 2018, proposing summary reversal on the basis that the search of Defendant’s person was unlawful. [CN 2] On September 18, 2018, the State filed a response to the calendar notice indicating that it will not file a memorandum in opposition. Thus, for the reasons stated in the calendar notice, we reverse and remand to the district court.

8 {2} IT IS SO ORDERED.

9 ____________________________________ 10 MICHAEL E. VIGIL, Judge

11 WE CONCUR:

12 _______________________________ HENRY M. BOHNHOFF, Judge

14 _______________________________ DANIEL J. GALLEGOS, Judge