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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 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. 30,140 RAFAEL HIGAREDA QUINONEZ, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Lisa Schultz, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Ben A. Longwill Las Cruces, NM Robert R. Harris El Paso, TX for Appellant 22 MEMORANDUM OPINION FRY, Chief Judge.

1 Summary affirmance was proposed for the reasons stated in the calendar notice.

2 No memorandum opposing summary affirmance has been filed, and the time for doing so has expired. AFFIRMED.

4 IT IS SO ORDERED.

6 CYNTHIA A. FRY, Chief Judge WE CONCUR:

9 JAMES J. WECHSLER, Judge

11 LINDA M. VANZI, Judge 6