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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellant,

4 v. No. 32,528 JOSE VASQUEZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Charles W. Brown, District Judge Gary K. King, Attorney General Santa Fe, NM Maragaret McLean, Assistant Attorney General Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellant Bennett J. Baur, Acting Chief Public Defender Sergio Viscoli, Assistant Appellate Defender Santa Fe, NM for Appellant 19 MEMORANDUM OPINION FRY, Judge.

1 Summary dismissal was proposed for the reasons stated in the calendar notice.

2 The State has filed a notice stating that it will not file a memorandum opposing summary dismissal. DISMISSED.

4 IT IS SO ORDERED.

6 CYNTHIA A. FRY, Judge WE CONCUR:

9 LINDA M. VANZI, Judge

11 TIMOTHY L. GARCIA, Judge