STATE v. GUTIERREZ

No. 26,454.

177 P.3d 1096 (2008)

2008-NMCA-015

STATE of New Mexico, Plaintiff-Appellee, v. Adrian L. GUTIERREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 16, 2008.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellee.

John Bigelow, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


Certiorari Granted, No. 30,800, January 16, 2008.

OPINION

WECHSLER, Judge.

{1} This case arises from an incident in which law enforcement officers stopped Defendant Adrian Gutierrez, a pedestrian, in the street. The officers displayed their badges, and one officer drew a gun and pointed it at him before asking him if he had any weapons. The search that followed revealed that Defendant was carrying a handgun. After the district court denied Defendant...

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