State v. Ortega ( 2013 )

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-Appellee, 4 v. NO. 33,117 5 BROOKLIN ORTEGA, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Kenneth H. Martinez, District Judge 9 Gary K. King, Attorney General 10 Santa Fe, NM 11 M. Victoria Wilson, Assistant Attorney General 12 Albuquerque, NM 13 for Appellee 14 Jorge A. Alvarado, Chief Public Defender 15 Sergio Viscoli, Assistant Appellate Defender 16 Santa Fe, NM 17 for Appellant 18 MEMORANDUM OPINION 19 VIGIL, Judge. 1 {1} Defendant-Appellant Brooklin Ortega (Defendant) has filed an application for 2 interlocutory appeal, seeking review of the denial of her pretrial motion to suppress. 3 On September 23, 2013, we granted the application and issued a notice of proposed 4 summary disposition, proposing to reverse and remand. The State has filed a 5 response, which is accepted as timely, indicating that it does not oppose our proposed 6 summary disposition. 7 {2} Accordingly, for the reasons stated in the notice of proposed summary 8 disposition, we reverse and remand for further proceedings. 9 {3} IT IS SO ORDERED. 10 __________________________________ 11 MICHAEL E. VIGIL, Judge 12 WE CONCUR: 13 ___________________________________ 14 MICHAEL D. BUSTAMANTE, Judge 15 ___________________________________ 16 CYNTHIA A. FRY, Judge 2