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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 32,508 JOHN KREHBIEL, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY Daniel Viramontes, District Judge Gary K. King, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellant Jim Foy & Associates James B. Foy Silver City, NM for Appellee 18 MEMORANDUM OPINION VANZI, Judge.

1 The State appeals from the district court’s dismissal of the case. [RP 109, 111] Our notice proposed to affirm. In response, the State filed a Notice of Intent Not to File Motion in Opposition, where it provided that it does not oppose the notice’s proposed disposition. For the reasons provided in our notice, we affirm.

5 IT IS SO ORDERED.

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

9 _________________________________ MICHAEL D. BUSTAMANTE, Judge

11 _________________________________ CYNTHIA A. FRY, Judge