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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. 32,138 BERNEST BENJAMIN, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Diane Dal Santo, District Judge

9 Gary K. King, Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Acting Chief Public Defender Karl Erich Martell, Assistant Appellate Defender Santa Fe, NM for Appellant

16 MEMORANDUM OPINION KENNEDY, Chief Judge.

1 Bernest Benjamin (Defendant) appeals the district court’s order denying his pro se “Motion to Receive Full Probationary Credit.” We issued a calendar notice proposing to affirm, and Defendant has filed a memorandum in support of that proposed affirmance. Defendant indicates that Issue 1 is moot, and Issue 2 is not yet ripe. Therefore, for the reasons stated in our calendar notice, we affirm the district court’s order.

7 IT IS SO ORDERED.

8 ____________________________________ 9 RODERICK T. KENNEDY, Chief Judge

10 WE CONCUR:

11 ___________________________ JAMES J. WECHSLER, Judge

13 ___________________________ TIMOTHY L. GARCIA, Judge