State v. Daniel R.

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

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellant,

4 v. NO. 34,490

5 DANIEL R.,

6 Child-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY 8 Angie K. Schneider, District Judge

9 Hector H. Balderas, Attorney General 10 Santa Fe, NM

11 for Appellant

12 Russell Dean Clark LLC 13 Russell Dean Clark 14 Las Cruces, NM

15 for Appellee

16 MEMORANDUM OPINION

17 GARCIA, Judge.

18 {1} The State appealed from the district court’s order granting, in part, Daniel R.’s  1 (Child) motion to suppress. This Court’s calendar notice proposed to affirm on the

2 basis that the district court’s findings supported the ruling that there were no exigent

3 circumstances justifying a warrantless entry into Child’s home, and therefore, the

4 officer violated Child’s rights to be free from an unreasonable search and seizure. [RP

5 145-46] The State filed a response to the proposed disposition stating that it does not

6 oppose the summary disposition. For these reasons, and those stated in this Court’s

7 calendar notice, we affirm.

8 {2} IT IS SO ORDERED.

9 ________________________________ 10 TIMOTHY L. GARCIA, Judge

11 WE CONCUR:

12 _______________________________ 13 RODERICK T. KENNEDY, Judge

14 _______________________________ 15 M. MONICA ZAMORA, Judge

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