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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 30,739 JIM A. ZAFARANO, 11 Defendant-Appellee.

12 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Ralph D. Shamas, District Judge Gary K. King, Attorney General Santa Fe, NM Joel Jacobsen, Assistant Attorney General Albuquerque, NM for Appellant Hugh W. Dangler, Chief Public Defender Nancy Hewitt, Appellate Defender Santa Fe, NM for Appellee 23 MEMORANDUM OPINION KENNEDY, Judge.

25 The State appeals an order granting Defendant’s motion to suppress. We proposed to affirm in a notice of proposed summary disposition, and the State has filed a response indicating that it will not be filing a memorandum in opposition.

3 Therefore, for the reasons set forth in our notice of proposed summary disposition, we affirm the order granting Defendant’s motion to suppress.

5 IT IS SO ORDERED.

6 ___________________________________ 7 RODERICK T. KENNEDY, Judge WE CONCUR:

9 ___________________________ LINDA M. VANZI, Judge

11 ___________________________ TIMOTHY L. GARCIA