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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. NO. 32,112
5 PRESTON BENALLY,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY
8 Robert A. Aragon, District Judge
9 Gary K. King, Attorney General
10 Margaret E. McLean, Assistant Attorney General
11 Joel Jacobson, Assistant Attorney General
12 Santa Fe, NM
13 for Appellee
14 Jacqueline L. Cooper, Chief Public Defender
15 Sergio Viscoli, Assistant Appellate Defender
16 Santa Fe, NM
17 for Appellant
18 MEMORANDUM OPINION
19 KENNEDY, Judge.
1 The State appeals from an order of suppression. We proposed to affirm in a
2 calendar notice. We noted that the State bears the burden of establishing reasonable
3 suspicion to make a stop, and we proposed to hold that the district court could
4 determine whether there was sufficient support for the stop in this case. The State
5 informs this Court that it will not be filing a memorandum in opposition to our
6 calendar notice. We therefore affirm based on the discussion in our calendar notice.
7 IT IS SO ORDERED.
8 _______________________________
9 RODERICK T. KENNEDY, Judge
10 WE CONCUR:
11 _________________________________
12 MICHAEL D. BUSTAMANTE, Judge
13 _________________________________
14 JONATHAN B. SUTIN, Judge
2