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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 STATE OF NEW MEXICO, 8 Plaintiff-Appellant, v. NO. 30,807 JOSEPH ANTHONY GARCIA, 11 Defendant-Appellee.

12 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Lisa C. Schultz, District Judge Gary K. King, Attorney General Andrew S. Montgomery, Assistant Attorney General Santa Fe, NM for Appellant Law Offices of Michael L. Stout Michael L. Stout Las Cruces, NM for Appellee

22 MEMORANDUM OPINION VIGIL, Judge.

1 The State appeals the district court order granting a new trial to Defendant. We proposed to affirm in a calendar notice. In response, the State filed a “Notice of Non- Intention to File Memorandum in Response to Notice of Proposed Summary

1 Disposition.” Therefore, for the reasons discussed in our calendar notice, we affirm.

2 IT IS SO ORDERED.

3 _______________________________ 4 MICHAEL E. VIGIL, Judge WE CONCUR:

6 _________________________________ MICHAEL D. BUSTAMANTE, Judge

8 _________________________________ JONATHAN B. SUTIN, Judge