State v. Orozco-Lujan ( 2016 )

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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. NO. 34,338
5 JOSE OROZCO-LUJAN,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY
8 Daniel Viramontes, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 for Appellee
12 D. Eric Hannum
13 Albuquerque, NM
14 for Appellant
15 MEMORANDUM OPINION
16 GARCIA, Judge.
17 {1} Defendant Jose Orozco-Lujan (Defendant) appeals from the district court’s
18 denial of his motion to suppress evidence. [RP 191–92; DS 2] Following the district
1 court’s denial of Defendant’s motion, Defendant entered a conditional guilty plea to
2 distribution of marijuana or synthetic cannabinoids. [RP 196, 200–02; DS 2] In this
3 Court’s second notice of proposed disposition, we proposed to affirm the denial of
4 Defendant’s motion to suppress and his conviction. [CN 1, 6–7] Defendant filed a
5 memorandum in opposition, which we have given due consideration. Remaining
6 unpersuaded, we affirm.
7 {2} Defendant asserts in his memorandum in opposition that his conviction must
8 be reversed, because there was no testimony regarding whether the trained dog alerted
9 differently to a controlled substance than to a concealed person. [MIO 2–3] Thus,
10 Defendant argues, the fact that the dog alerted first to Defendant’s vehicle, then to his
11 seat lacks “any meaningful evidentiary value[.]” [MIO 2–3] Defendant does not
12 explain how a lack of specificity about the type of contraband indicated by the dog
13 affects reasonable suspicion or why further detention based on the dog sniff was
14 unreasonable. We therefore conclude Defendant has failed to point out any actual
15 errors in fact or in law with this Court’s notice. See Hennessy v. Duryea,
16 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly
17 held that, in summary calendar cases, the burden is on the party opposing the proposed
18 disposition to clearly point out errors in fact or law.”).
19 {3} Accordingly, for the reasons set forth in our notice of proposed disposition and
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1 herein, we affirm Defendant’s conviction.
2 {4} IT IS SO ORDERED.
3 ________________________________
4 TIMOTHY L. GARCIA, Judge
5 WE CONCUR:
6 _______________________________
7 RODERICK T. KENNEDY, Judge
8 _______________________________
9 J. MILES HANISEE, Judge
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