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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 32,151 VICENTE CHAVEZ, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF UNION COUNTY John M. Paternoster, District Judge Gary K. King, Attorney General Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellant Alsup Law Office Gary D. Alsup Clayton, NM for Appellee

17 MEMORANDUM OPINION CASTILLO, Chief Judge.

2 The State appeals from the district court order requiring the State to disclose the identity of a confidential informant or in the alternative dismiss the case with prejudice. This Court issued a calendar notice proposing to conclude that the State’s appeal was premature and proposing to dismiss. The State has filed a response to this Court’s calendar notice stating that it agrees with our notice of proposed disposition.

7 Accordingly, we dismiss.

8 IT IS SO ORDERED.

9 __________________________________ 10 CELIA FOY CASTILLO, Chief Judge WE CONCUR:

12 __________________________________ JAMES J. WECHSLER, Judge

14 __________________________________ RODERICK T. KENNEDY, Judge