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STATE V. OSCAR H

This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.

STATE OF NEW MEXICO,
Plaintiff-Appellant,
v.
OSCAR H.,
Child-Appellee.

No. 30,261

COURT OF APPEALS OF NEW MEXICO

July 20, 2010


APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY, Robert S. Orlik, District Judge

COUNSEL

Gary K. King, Attorney General, Santa Fe, NM, M. Victoria Wilson, Albuquerque, NM, for Appellant

Hugh W. Dangler, Chief Public Defender, Oscar Hernandez, Assistant Appellate Defender, Santa Fe, NM, for Appellee

JUDGES

JONATHAN B. SUTIN, Judge.WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, CELIA FOY CASTILLO, Judge

AUTHOR: JONATHAN B. SUTIN

MEMORANDUM OPINION

SUTIN, Judge.

The State appeals the district court’s order dismissing with prejudice a delinquency petition alleging that Child committed assault on a peace officer and aggravated battery on a peace officer. We issued a notice of proposed summary disposition, proposing to affirm. According to the response filed by the State, the State does not oppose the proposed summary disposition. Based on the State’s response, and for the reasons in the notice of proposed summary disposition, we affirm the order of dismissal.

IT IS SO ORDERED.

JONATHAN B. SUTIN, Judge

WE CONCUR:

MICHAEL D. BUSTAMANTE, Judge

CELIA FOY CASTILLO, Judge

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