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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 33,976 BENJAMIN DIMAS, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Ross C. Sanchez, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Law Offices of the Public Defender Jorge A. Alvarado, Chief Public Defender Santa Fe, NM Steven J. Forsberg, Assistant Appellate Defender Albuquerque, NM for Appellant 18 MEMORANDUM OPINION VANZI, Judge.

1 {1} Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired.

4 {2} AFFIRMED.

5 {3} IT IS SO ORDERED.

6 __________________________________ 7 LINDA M. VANZI, Judge WE CONCUR:

9 _________________________________ RODERICK T. KENNEDY, Chief Judge

11 _________________________________ JONATHAN B. SUTIN, Judge