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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 32,289 ANTHONY KILBY, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Denise Barela Shepherd, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Michael Romeo Demarco McIntosh, NM for Appellant

15 MEMORANDUM OPINION CASTILLO, Judge.

1 Summary affirmance was proposed for the reasons stated in the notice of proposed disposition. No memorandum opposing summary affirmance has been filed, and the time for doing so has expired.

4 Affirmed.

5 IT IS SO ORDERED.

6 ___________________________________ 7 CELIA FOY CASTILLO, Chief Judge WE CONCUR:

9 __________________________________ MICHAEL D. BUSTAMANTE, Judge

11 __________________________________ J. MILES HANISEE, Judge