State v. Benton

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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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, 4 v. NO. 35,761 5 KIRK BENTON, 6 Defendant-Appellee. 7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY 8 Angie K. Schneider, District Judge 9 Hector H. Balderas, Attorney General 10 Maris Veidemanis, Assistant Attorney General 11 Santa Fe, NM 12 for Appellant 13 Kicklighter Law PC 14 Molly Kicklighter 15 Alamogordo, NM 16 for Appellee 17 MEMORANDUM OPINION 18 GARCIA, Judge. 19 {1} The State appeals from an order granting a motion to suppress. We issued a 1 calendar notice proposing to affirm. The State has filed a response informing us that 2 it will not be filing a memorandum in opposition. Accordingly, we affirm the district 3 court. 4 {2} IT IS SO ORDERED. 5 6 ________________________________ TIMOTHY L. GARCIA, Judge 7 WE CONCUR: 8 _______________________________ 9 J. MILES HANISEE, Judge 10 _______________________________ 11 JULIE J. VARGAS, Judge 2

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