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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 28,833 MELANIE MONTOYA, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Frank K. Wilson, District Judge Gary K. King, Attorney General Ann M. Harvey, Assistant Attorney General Santa Fe, NM for Appellant Hugh W. Dangler, Chief Public Defender Santa Fe, NM for Appellee

16 MEMORANDUM OPINION CASTILLO, Judge.

18 The State appeals from an order granting Defendant’s motion for default judgment in a forfeiture action. We proposed to affirm in a notice of proposed summary disposition, and the State has filed a response indicating that it is unable to present any additional facts or legal arguments to dispute our proposed disposition.

3 Although the State concedes the issue, we independently review the proceedings to insure that the record supports our proposed disposition. See State v. Maes, 100 N.M. 78, 80, 665 P.2d 1169, 1171 (Ct. App. 1983), abrogated on other grounds as stated in State v. Armijo, 2005-NMCA-010, ¶ 27, 136 N.M. 723, 104 P.3d 7 1114. After reviewing the record, we affirm for the reasons set forth in our notice of proposed summary disposition.

9 IT IS SO ORDERED.

10 ________________________________ 11 CELIA FOY CASTILLO, Judge WE CONCUR:

13 ________________________________ JONATHAN B. SUTIN, Chief Judge

15 ________________________________ CYNTHIA A. FRY, Judge