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-39375

STATE OF NEW MEXICO,

Plaintiff-Appellant,

v.

JOSE HERNANDEZ,

Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY
Daniel A. Bryant, District Judge

Hector H. Balderas, Attorney General

Santa Fe, NM

Walter M. Hart, III, Assistant Attorney General

Albuquerque, NM

for Appellant

Bennett J. Baur, Chief Public Defender

Santa Fe, NM

for Appellee

MEMORANDUM OPINION

MEDINA, Judge.

{1}       The State appeals the district court’s order granting Defendant’s motion to dismiss. In this Court’s notice of proposed disposition, we proposed to summarily affirm. Subsequently, the State filed with this Court a notice that it does not oppose our proposed summary disposition. Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm the district court.

{2}       IT IS SO ORDERED.

JACQUELINE R. MEDINA, Judge

WE CONCUR:

MEGAN P. DUFFY, Judge

JANE B. YOHALEM, Judge