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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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


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.


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


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