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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, vs. NO. 31,729 NEIL SMITH, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY William G.W. Shoobridge, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Fredlund & Bryan Jon Charles Fredlund Hobbs, NM for Appellant 1 MEMORANDUM OPINION GARCIA, Judge.

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

6 Affirmed.

7 IT IS SO ORDERED.

9 TIMOTHY L. GARCIA, Judge

10 WE CONCUR:

12 JAMES J. WECHSLER, Judge

14 LINDA M. VANZI, Judge