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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-Appellant, v. NO. 30,990 BYRON CUSTER, 11 Defendant-Appellee,

12 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY Grant L. Foutz, District Judge Gary K. King, Attorney General Andrea Sassa, Assistant Attorney General Santa Fe, NM for Appellant Steven F. Seeger Gallup, NM for Appellee 21 MEMORANDUM OPINION VIGIL, Judge.

23 The State appeals dismissal of charges against Defendant. In our notice, we proposed to affirm the dismissal. The State has responded that it does not contest our proposal.

3 Therefore, for the reasons stated in our notice, we affirm.

4 IT IS SO ORDERED.

5 ______________________________ 6 MICHAEL E. VIGIL, Judge WE CONCUR:

8 ___________________________ JONATHAN B. SUTIN, Judge

10 ___________________________ TIMOTHY L. GARCIA, Judge