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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. 32,112 PRESTON BENALLY, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY Robert A. Aragon, District Judge

9 Gary K. King, Attorney General Margaret E. McLean, Assistant Attorney General Joel Jacobson, Assistant Attorney General Santa Fe, NM for Appellee Jacqueline L. Cooper, Chief Public Defender Sergio Viscoli, Assistant Appellate Defender Santa Fe, NM for Appellant

18 MEMORANDUM OPINION KENNEDY, Judge.

1 The State appeals from an order of suppression. We proposed to affirm in a calendar notice. We noted that the State bears the burden of establishing reasonable suspicion to make a stop, and we proposed to hold that the district court could determine whether there was sufficient support for the stop in this case. The State informs this Court that it will not be filing a memorandum in opposition to our calendar notice. We therefore affirm based on the discussion in our calendar notice.

7 IT IS SO ORDERED.

8 _______________________________ 9 RODERICK T. KENNEDY, Judge

10 WE CONCUR:

11 _________________________________ MICHAEL D. BUSTAMANTE, Judge

13 _________________________________ JONATHAN B. SUTIN, Judge