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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. 31,620 JESUS GUTIERREZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY J. Richard Brown, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Ching Law Firm Alexander B. Ching 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 CELIA FOY CASTILLO, Chief Judge

14 J. MILES HANISEE, Judge