State v. Rivera

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(0 (1966). We reverse.

I

{2} Rivera represented a defendant charged with controlled substances laws violations. Rivera filed a motion to suppress evidence seized at a border patrol stop, and he requested an evidentiary hearing on the motion. On three…