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STATE V. SMITH

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STATE OF NEW MEXICO,
Plaintiff-Appellant,
v.

CASSANDRA L. SMITH,
Defendant-Appellee.

No. 33,216

COURT OF APPEALS OF NEW MEXICO

December 18, 2013


APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY, Grant L. Foutz, District Judge

COUNSEL

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee

James I. Patterson, Gallup, NM, for Appellant

JUDGES

MICHAEL E. VIGIL, Judge. WE CONCUR: RODERICK T. KENNEDY, Chief Judge, JONATHAN B. SUTIN, Judge

AUTHOR: MICHAEL E. VIGIL

MEMORANDUM OPINION

VIGIL, Judge.

{1}       The State has appealed from the dismissal of its case with prejudice. We issued a notice of proposed summary disposition on October 29, 2013, proposing to affirm. The State has filed a response with this Court indicating that it will not be filing a memorandum in opposition.

{2}       Accordingly, for the reasons stated in the notice of proposed summary disposition, we affirm.

{3}       IT IS SO ORDERED.

MICHAEL E. VIGIL, Judge

WE CONCUR:

RODERICK T. KENNEDY, Chief Judge

JONATHAN B. SUTIN, Judge

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