1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. No. 28,827 MARSHALL ELVIDGE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Sandra A. Price, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Scott M. Curtis Farmington, NM for Appellant 15 MEMORANDUM OPINION SUTIN, Judge.

17 Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired.

20 AFFIRMED.

1 IT IS SO ORDERED.

2 __________________________________ 3 JONATHAN B. SUTIN, Judge

4 WE CONCUR:

5 _________________________________ CELIA FOY CASTILLO, Judge

7 _________________________________ TIMOTHY L. GARCIA, Judge