1 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.

3 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.

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 8 Plaintiff-Appellee, v. NO. 29,792 KENNETH KEY, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Thomas J. Hynes, District Judge Gary K. King, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellee Hugh W. Dangler, Chief Public Defender Nancy Hewitt, Appellate Defender Santa Fe, NM for Appellant 23 MEMORANDUM OPINION WECHSLER, Judge.

1 In our notice of proposed summary disposition, this Court proposed to reverse the district court’s denial of Defendant’s motion to suppress his breath alcohol test results. The State has filed a notice of its intent not to file a memorandum opposing our proposed summary disposition. Therefore, for the reasons stated in the notice of proposed summary disposition, we reverse.

6 IT IS SO ORDERED.

7 _______________________________ 8 JAMES J. WECHSLER, Judge WE CONCUR:

10 ________________________________ CELIA FOY CASTILLO, Judge

12 ________________________________ TIMOTHY L. GARCIA, Judge