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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. 33,494 ROBERT VARGAS, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Jerry H. Ritter, Jr., District Judge Gary K. King, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellant Todd A. Holmes Alamogordo, NM for Appellee 17 MEMORANDUM OPINION ZAMORA, Judge.

1 {1} The State appealed from a ruling on a motion to suppress. On February 18, 2014, we issued a notice of proposed summary disposition in which we proposed to affirm. The State has filed a response with this Court indicating that it will not be filing a memorandum in opposition.

5 {2} Accordingly, for the reasons stated in the notice of proposed summary disposition, we affirm.

7 {3} IT IS SO ORDERED.

8 _______________________________ 9 M. MONICA ZAMORA, Judge WE CONCUR:

11 __________________________________ JAMES J. WECHSLER, Judge

13 __________________________________ CYNTHIA A. FRY, Judge