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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 33,538 RICHARD ONSUREZ, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Stan Whitaker, District Judge

9 Gary K. King, Attorney General Santa Fe, NM Jane A. Bernstein, Assistant Attorney General Albuquerque, NM for Appellant Sanchez, Mowrer & Desiderio, PC Frederick Mowrer Albuquerque, NM for Appellee

18 MEMORANDUM OPINION HANISEE Judge.

2 {1} The State appealed, specifically seeking to challenge the restitution component of the judgment and sentence. On March 17, 2014, we issued a notice of proposed summary disposition, proposing to dismiss. The State has filed a response with this Court indicating that it will not be filing a memorandum in opposition.

6 {2} Accordingly, for the reasons stated in the notice of proposed summary disposition, we dismiss.

8 {3} IT IS SO ORDERED.

9 ____________________________________ 10 J. MILES HANISEE, Judge

11 WE CONCUR:

12 ___________________________ JAMES J. WECHSLER, Judge

14 ___________________________ CYNTHIA A. FRY, Judge