STATE v. VANWINKLE

No. 36,126.

STATE OF NEW MEXICO, Plaintiff-Appellee, v. PHILBERT VANWINKLE, Defendant-Appellant.

Court of Appeals of New Mexico.


Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Maris Veidemanis , Assistant Attorney General, Santa Fe, NM, for Appellee.

Bennett J. Baur , Chief Public Defender, Santa Fe, NM, for Appellant.


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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.

MEMORANDUM OPINION

ZAMORA, Judge.

{1} Defendant Philbert Vanwinkle appeals from his convictions for aggravated burglary and tampering with evidence following the denial of his motion to suppress evidence and his entry of a conditional guilty plea. [DS 2; RP 48, 51, 67, 79] This Court issued a notice proposing to summarily reverse. [CN 1, 2, 8] The State has filed a response informing this Court it does not intend to file a memorandum in opposition to this Court's notice of proposed disposition. Therefore, based on the reasons set forth in this Court's notice of proposed disposition, we reverse.

{2} IT IS SO ORDERED.

TIMOTHY L. GARCIA, Judge and J. MILES HANISEE, Judge, concurs.


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