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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. 33,768 BRANDON SHAWN NEZ, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY Louis E. DePauli, Jr., District Judge Gary K. King, Attorney General Margaret McLean, Assistant Attorney General Santa Fe, NM for Appellant Steven F. Seeger Gallup, NM for Appellee 16 MEMORANDUM OPINION FRY, Judge.

18 {1} The State of New Mexico (the State) filed a docketing statement, appealing from the district court’s order granting defendant Brandon Shawn Nez’s (Defendant) motion to suppress evidence. This Court issued a calendar notice, proposing to summarily affirm the order. The State filed a response to our notice, requesting that this Court follow its proposed disposition. [MIO 2] Accordingly, for the reasons stated in our notice of proposed disposition, we affirm the district court’s order granting Defendant’s motion to suppress.

5 {2} IT IS SO ORDERED.

7 CYNTHIA A. FRY, Judge WE CONCUR:

10 RODERICK T. KENNEDY, Chief Judge

12 M. MONICA ZAMORA, Judge