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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 30,948 TERRY PHILLIPS, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Karen L. Townsend, District Judge

14 Gary K. King, Attorney General Santa Fe, NM for Appellee Chief Public Defender Adrianne R. Turner, Assistant Public Defender Santa Fe, NM for Appellant

21 MEMORANDUM OPINION VIGIL, Judge.

1 Defendant attempts to appeal an order dismissing his appeal in district court for lack of jurisdiction. We proposed to dismiss the appeal for lack of a final order, as there was a motion for reconsideration of the order still pending. Defendant has timely responded and acknowledges that his appeal was from a non-final order.

5 Therefore, for the reasons stated in the calendar notice, we dismiss the appeal.

6 Mandate shall issue forthwith.

7 IT IS SO ORDERED.

8 _______________________________ 9 MICHAEL E. VIGIL, Judge

10 WE CONCUR:

11 _________________________________ CELIA FOY CASTILLO, Chief Judge

13 _________________________________ JAMES J. WECHSLER, Judge