1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 29,020 BENJAMIN THEODORE SALGADO, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF GUADALUPE COUNTY Abigail Aragon, District Judge Gary K. King, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellant Hugh W. Dangler, Chief Public Defender Santa Fe, NM for Appellee

17 MEMORANDUM OPINION CASTILLO, Judge.

19 Summary affirmance was proposed for the reasons stated in the notice of proposed disposition. The State has filed a notice of intent not to file a memorandum in opposition. We therefore rely on the analysis in the calendar notice.

2 Affirmed.

3 IT IS SO ORDERED.

4 ________________________________ 5 CELIA FOY CASTILLO, Judge WE CONCUR:

7 ________________________________ JONATHAN B. SUTIN, Judge

9 ________________________________ ROBERT E. ROBLES, Judge