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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 32,613 MATTHEW C. STURGEON, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY Karen L. Parsons, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Gary C. Mitchell Ruidoso, NM for Appellant 15 MEMORANDUM OPINION VANZI, Judge.

1 {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.

4 {2} AFFIRMED.

5 {3} IT IS SO ORDERED.

6 __________________________________ 7 LINDA M. VANZI, Judge WE CONCUR:

9 _________________________________ RODERICK T. KENNEDY, Chief Judge

11 _________________________________ JONATHAN B. SUTIN, Judge