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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. 32,315 JOHN BENNETT MONAFO, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Freddie J. Romero, District Judge Gary K. King, Attorney General Ann M. Harvey, Assistant Attorney General Santa Fe, NM for Appellant John Monafo Roswell, NM Pro Se Appellee 16 MEMORANDUM OPINION SUTIN, Judge.

1 The State appeals the district court’s order granting Defendant’s motion to suppress and the order denying the State’s motion for reconsideration. We issued a notice of proposed summary disposition proposing to affirm because the State’s appeal of the merits is barred by principles of double jeopardy. See City of Santa Fe v. Marquez, 2012-NMSC-031, ¶¶ 12, 28, 285 P.3d 637.

6 The State has filed a response conceding that, in accordance with our Supreme Court’s decision in Marquez, the district court’s order in this case granting Defendant’s post-trial motion to suppress and declaring Defendant “not guilty on all counts” prohibits any further prosecution. See id. [Resp. 2-3] Thus, the State does not oppose our proposed disposition to summarily affirm.

11 Therefore, for the reasons set forth in our notice of proposed summary disposition, we affirm the district court’s order granting Defendant’s motion to suppress and the order denying the State’s motion for reconsideration.

14 IT IS SO ORDERED.

15 __________________________________ 16 JONATHAN B. SUTIN, Judge WE CONCUR:

18 _________________________________ MICHAEL E. VIGIL, Judge

1 _________________________________ LINDA M. VANZI, Judge