STATE v. RIVERA

No. 24914.

964 P.2d 93 (1998)

125 N.M. 532

1998-NMSC-024

STATE of New Mexico, Plaintiff-Appellee, v. Albert J. RIVERA, Real Party in Interest-Appellant.

Supreme Court of New Mexico.

August 10, 1998.


Attorney(s) appearing for the Case

Law Offices of Steven K. Sanders, Steven K. Sanders, Albuquerque, for Appellant.

Tom Udall, Attorney General, M. Anne Kelly, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.


OPINION

MINZNER, Justice.

{1} The district court assessed costs in the amount of $1762.12 against Appellant Albert J. Rivera, a criminal defense attorney, following Rivera's withdrawal of a motion to suppress shortly before a scheduled hearing on the motion. The Court of Appeals certified this case to this Court pursuant to NMSA 1978, § 34-5-14(C) (1966). We reverse.

I.

{2} Rivera represented a defendant charged with controlled substances...

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