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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 31,978 RUSSELL RANKIN, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Reed S. Sheppard, District Judge Gary K. King, Attorney General William H. Lazar, Assistant Attorney General Santa Fe, NM for Appellant Clark, Grubesic, Jones & Baur, L.L.C. Thomas M. Clark Santa Fe, NM for Appellee 17 MEMORANDUM OPINION VIGIL, Judge.

1 The State appealed an order dismissing the charges against Defendant in this case. In our notice of proposed summary disposition, we proposed to affirm, stating that dismissal was appropriate pursuant to Rule 5-203(A) NMRA, since the State had failed to join these charges with the related charges in a prior case. The State has filed a response in which it now concedes that joinder was required. It therefore does not oppose summary affirmance. Accordingly, for the reasons stated in our notice of proposed summary disposition, we affirm.

8 IT IS SO ORDERED.

9 __________________________________ 10 MICHAEL E. VIGIL, Judge WE CONCUR:

12 _________________________________ RODERICK T. KENNEDY, Judge

14 _________________________________ LINDA M. VANZI , Judge