Court of Appeals of New Mexico

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-38709

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

FRANCISCO BUSTAMANTE,

Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY
Donna J. Mowrer, District Judge

Hector H. Balderas, Attorney General

Santa Fe, NM

Meryl E. Francolini, Assistant Attorney General

Albuquerque, NM

for Appellee

Bennett J. Baur, Chief Public Defender

Santa Fe, NM

for Appellant

MEMORANDUM OPINION

HANISEE, Chief Judge.

{1}       The State appeals from the district court’s order excluding lab results and expert testimony. In this Court’s notice of proposed disposition, we proposed to summarily affirm. In response, the State filed a notice of its intent not to file a memorandum in opposition to our proposed summary disposition. We therefore affirm for the reasons set out in this Court’s notice of proposed disposition.

{2}       IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

JACQUELINE R. MEDINA, Judge

ZACHARY A. IVES, Judge