State v. Adrian M.

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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. 30,946
5 ADRIAN M.,
6 Child-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
8 Sandra A. Price, District Judge
9 Gary K. King, Attorney General
10 Andrew S. Montgomery, Assistant Attorney General
11 Santa Fe, NM
12 for Appellee
13 Jacqueline L. Cooper, Chief Public Defender
14 Santa Fe, NM
15 Christopher M. Spinner, Assistant Appellant Defender
16 Aztec, NM
17 for Appellant
1 MEMORANDUM OPINION
2 KENNEDY, Judge.
3 Pursuant to a conditional plea agreement, Adrian M. (Child) appeals from the
4 district court’s denial of his motion to suppress. The State has filed an answer brief,
5 conceding that the district court erred.
6 The State asserts several grounds upon which the officer’s stop of Child was
7 unlawful. We are not bound by the State’s concessions. See State v. Caldwell, 2008-
8 NMCA-049, ¶ 8, 143 N.M. 792, 182 P.3d 775 (“This Court, however, is not bound by
9 the State’s concession[,] and we conduct our own analysis.”).
10 CONCLUSION
11 Upon our review, we accept the State’s concession of error on the basis that the
12 officer’s stop of Child had no valid basis. For this reason, we reverse the district
13 court’s denial of Child’s motion to suppress.
14 IT IS SO ORDERED.
15 _______________________________
16 RODERICK T. KENNEDY, Judge
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1 WE CONCUR:
2 _________________________________
3 MICHAEL D. BUSTAMANTE, Judge
4 _________________________________
5 JONATHAN B. SUTIN, Judge
3