State v. Willie

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, 4 v. NO. 35,992 5 DAVID WILLIE, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY 8 John A. Dean Jr., District Judge 9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 M. Victoria Wilson, Assistant Attorney General 12 Santa Fe, NM 13 for Appellee 14 Bennett J. Baur, Chief Public Defender 15 Santa Fe, NM 16 for Appellant 17 MEMORANDUM OPINION 18 ZAMORA, Judge. 1 {1} Defendant David Willie appeals from his conviction for driving while under the 2 influence of intoxicating liquor and/or drugs following denial of his motion to 3 suppress and entry of a conditional no contest plea. [RP 72, 63, 61, 55] This Court 4 issued a notice proposing to summarily reverse. [CN 1, 5] The State filed a 5 memorandum in response indicating it does not oppose this Court’s proposed reversal. 6 Therefore, based on the reasons set forth in this Court’s notice of proposed 7 disposition, we reverse. 8 {2} IT IS SO ORDERED. 9 _______________________________ 10 M. MONICA ZAMORA, Judge 11 WE CONCUR: 12 _________________________________ 13 MICHAEL E. VIGIL, Judge 14 _________________________________ 15 J. MILES HANISEE, Judge 2