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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. 32,424 JUAN CARLOS MARTINEZ, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF DON˜A ANA COUNTY Douglas R. Driggers, District Judge Hector H. Balderas, Attorney General Margaret McLean, Assistant Attorney General Santa Fe, NM for Appellant Jorge A. Alvarado, Chief Public Defender Kimberly Chavez-Cook, Assistant Appellate Defender Santa Fe, NM for Appellee 17 MEMORANDUM OPINION FRY, Judge.

19 {1} The State appealed an order of the district court excluding the minor victim’s testimony in this case. Our third notice of proposed disposition suggested the possibility that this appeal is moot and/or nonjusticiable. In response, the State indicates that a nolle prosequi was filed in the district court on September 27, 2013.

4 The State adds that due to the nolle prosequi, “the appeal may be summarily dismissed.” [Resp. 2] Since the prosecution underlying this appeal has ended, any ruling we might make on the evidentiary issue would not afford the State any relief, and the State’s appeal is therefore moot. See State v. Sergio B., 2002-NMCA-070, ¶ 9, 132 N.M. 375, 48 P.3d 764 (pointing out that an appeal is moot when a ruling from the appellate court will not grant the appellant any actual relief). We therefore dismiss the appeal.

11 {2} IT IS SO ORDERED.

12 ______________________________ 13 CYNTHIA A. FRY, Judge

14 WE DO CONCUR:

15 ______________________________ JAMES J. WECHSLER, Judge

17 ______________________________ LINDA M. VANZI, Judge