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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. 32,345 MARCOS FINO LOZANO, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Douglas R. Driggers, District Judge Gary K. King, Attorney General James W. Grayson, Assistant Attorney General Santa Fe, NM for Appellant Law Office of Michael E. Cain, LLC Michael E. Cain Las Cruces, NM for Appellee 17 MEMORANDUM OPINION SUTIN, Judge.

1 Summary reversal was proposed for the reasons stated in the second notice of proposed summary disposition. No memorandum opposing summary reversal has been filed, and the time for doing so has expired.

4 For the reasons set forth in our second notice of proposed summary disposition filed December 14, 2012, we REVERSE the district court’s order excluding Officer Herrera as a witness.

7 IT IS SO ORDERED.

8 __________________________________ 9 JONATHAN B. SUTIN, Judge WE CONCUR:

11 _________________________________ MICHAEL D. BUSTAMANTE, Judge

13 _________________________________ MICHAEL E. VIGIL, Judge