Court of Appeals of New Mexico

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STATE OF NEW MEXICO,
Plaintiff-Appellant,
v.
MELANIE MONTOYA,
Defendant-Appellee.

NO. 28,833

COURT OF APPEALS OF NEW MEXICO

January 6, 2009

APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY, Frank K. Wilson, District Judge

COUNSEL

Gary K. King, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Appellant

Hugh W. Dangler, Chief Public Defender, Santa Fe, NM, for Appellee

JUDGES

CELIA FOY CASTILLO, Judge. WE CONCUR: JONATHAN B. SUTIN, Chief Judge, CYNTHIA A. FRY, Judge

AUTHOR: CELIA FOY CASTILLO

MEMORANDUM OPINION

CASTILLO, Judge.

The State appeals from an order granting Defendant’s motion for default judgment in a forfeiture action. We proposed to affirm in a notice of proposed summary disposition, and the State has filed a response indicating that it is unable to present any additional facts or legal arguments to dispute our proposed disposition.

Although the State concedes the issue, we independently review the proceedings to insure that the record supports our proposed disposition. See State v. Maes, 100 N.M. 78, 80, 665 P.2d 1169, 1171 (Ct. App. 1983), abrogated on other grounds as stated in State v. Armijo, 2005-NMCA-010, ¶ 27, 136 N.M. 723, 104 P.3d 1114. After reviewing the record, we affirm for the reasons set forth in our notice of proposed summary disposition.

IT IS SO ORDERED.

CELIA FOY CASTILLO, Judge

WE CONCUR:

JONATHAN B. SUTIN, Chief Judge

CYNTHIA A. FRY, Judge