This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 32,727 ALBERT HERNANDEZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY Gary L. Clingman, District Judge Gary K. King, Attorney General Santa Fe, NM Max De Azevedo Hobbs, NM for Appellee Templeman & Crutchfield, PA C. Barry Crutchfield Lovington, NM for Appellant 1 MEMORANDUM OPINION WECHSLER, Judge.

3 {1} Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired.

6 {2} Accordingly, we affirm for the reasons stated in our calendar notice.

7 {3} IT IS SO ORDERED.

8 __________________________________ 9 JAMES J. WECHSLER, Judge

10 WE CONCUR:

11 _________________________________ JONATHAN B. SUTIN, Judge

13 _________________________________ LINDA M. VANZI, Judge