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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. 33,739 SCOTT WILLIAMS, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY James Waylon Counts, District Judge Gary K. King, Attorney General Margaret E. McLean, Assistant Attorney General Joel Jacobsen, Assistant Attorney General Santa Fe, NM for Appellant James Russell Walker Jr. Alamogordo, NM for Appellee 17 MEMORANDUM OPINION SUTIN, Judge.

1 {1} The State appeals from a district court order suppressing evidence. We issued a calendar notice proposing to affirm. The State has filed a response indicating that it will not be filing a memorandum in opposition. Accordingly, we affirm the district court for the reasons stated in the calendar notice.

5 {2} IT IS SO ORDERED.

6 __________________________________ 7 JONATHAN B. SUTIN, Judge WE CONCUR:

9 _______________________________ CYNTHIA A. FRY, Judge

11 _______________________________ J. MILES HANISEE, Judge