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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. 31,679 DAVID MASSEY, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY Teddy L. Hartley, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Daniel R. Lindsey, P.C.

13 Daniel R. Lindsey John L. Collins Clovis, 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 CYNTHIA A. FRY, Judge

14 MICHAEL E. VIGIL, Judge