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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. 32,346 MARQUIS FRANCO, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Freddie J. Romero, District Judge Gary K. King, Attorney General Margaret E. McLean, Assistant Attorney General Joel Jacobsen, Assistant Attorney General Santa Fe, NM for Appellant Jacqueline Cooper, Chief Public Defender Nancy Hewitt, Assistant Appellate Defender Santa Fe, NM for Appellee 18 MEMORANDUM OPINION SUTIN, Judge.

1 The State appeals from a district court order suppressing evidence. We issued a calendar notice proposing to affirm. The State has filed a suggestion of death, indicating that Defendant has died. See Rule 12-301(A) NMRA. The State has also filed a response, indicating it will not be filing a memorandum in opposition. Rule 12- 301(A) gives this Court discretion in deciding how to proceed after notification of the death of a party. See Henry v. Daniel, 2004-NMCA-016, ¶ 15, 135 N.M. 261, 87 P.3d 7 541 (discussing this Court’s discretion to resolve appeal on the merits following death of a party). In light of the foregoing, this appeal is dismissed as moot.

9 IT IS SO ORDERED.

10 __________________________________ 11 JONATHAN B. SUTIN, Judge WE CONCUR:

13 _______________________________ JAMES J. WECHSLER, Judge

15 _______________________________ J. MILES HANISEE, Judge