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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. No. 32,390 MELISSA ZUNIE, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Louis E. DePauli, Jr., District Judge Gary K. King, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellant Steven F. Seeger Gallup, NM for Appellee 17 MEMORANDUM OPINION SUTIN, Judge.

1 The State appealed from an order suppressing evidence. On October 23, 2012, we issued a notice of proposed summary disposition, proposing to affirm. The State has filed a response with this Court indicating that it will not be filing a memorandum in opposition.

5 Accordingly, for the reasons stated in the notice of proposed summary disposition, we affirm.

7 IT IS SO ORDERED.

8 __________________________________ 9 JONATHAN B. SUTIN, Judge WE CONCUR:

11 _________________________________ RODERICK T. KENNEDY, Judge

13 _________________________________ LINDA M. VANZI, Judge