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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. 34,485 ERIC GARCIA, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Jacqueline D. Flores, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Jane A. Bernstein, Assistant Attorney General Albuquerque, NM for Appellant M. Naomi Salazar Albuquerque, NM for Appellee 17 MEMORANDUM OPINION GARCIA, Judge.

1 {1} Plaintiff State of New Mexico filed a docketing statement, appealing from the district court’s order granting Defendant Eric Garcia’s motion to exclude drug test results, entered on January 30, 2015. [DS 2–3; RP 33] This Court issued a calendar notice, proposing to affirm. The State filed a response to our notice, informing this Court that it “will not be filing a memorandum in opposition to the proposed summary affirmance[.]” [Response 1] Accordingly, for the reasons stated in our notice of proposed disposition, we affirm.

8 {2} IT IS SO ORDERED.

9 ________________________________ 10 TIMOTHY L. GARCIA, Judge WE CONCUR:

12 _______________________________ RODERICK T. KENNEDY, Judge

14 _______________________________ LINDA M. VANZI, Judge