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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 34,541 LIONEL YAZZIE, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY Robert A. Aragon, District Judge Hector H. Balderas, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Joel Jacobsen, Assistant Attorney General Albuquerque, NM for Appellant Jorge A. Alvarado, Chief Public Defender Santa Fe, NM for Appellee

18 MEMORANDUM OPINION VIGIL, Judge.

1 {1} The State appeals the district court’s dismissal of charges against Defendant for violation of the magistrate court 182-day rule. [DS 2] We issued a notice of proposed summary disposition, proposing to summarily dismiss the appeal for lack of a final order.

5 {2} The State has responded to our notice, indicating that the State will not be filing a memorandum in opposition. [MIO 1] Accordingly, for the reasons detailed in our notice, we dismiss the State’s appeal for lack of a final order.

8 {3} IT IS SO ORDERED.

9 _______________________________ 10 MICHAEL E. VIGIL, Chief Judge

11 WE CONCUR:

12 ___________________________________ CYNTHIA A. FRY, Judge

14 _________________________________ LINDA M. VANZI, Judge