This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, vs. NO. 31,695 JOSE GARCIA, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY William C. Birdsall, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee The Rio Law Firm Francis J. Rio, III Albuquerque, 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 MICHAEL D. BUSTAMANTE, Judge

14 JONATHAN B. SUTIN, Judge