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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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

7 STATE OF NEW MEXICO, 8 Plaintiff-Appellee, v. NO. 30,833 JOSE GARCIA, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Sandra A. Price, District Judge

14 Gary K. King, Attorney General Margaret McLean, Assistant Attorney General Santa Fe, NM for Appellee Francis J. Rio, III Albuquerque, NM for Appellant

21 MEMORANDUM OPINION KENNEDY, Judge.

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

4 DISMISSED.

5 IT IS SO ORDERED.

6 _______________________________ 7 RODERICK T. KENNEDY, Judge

8 WE CONCUR:

9 _________________________________ MICHAEL D. BUSTAMANTE, Judge

11 _________________________________ CYNTHIA A. FRY, Judge