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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant,

4 v. No. 33,679 RONALD WIDMER, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Charles W. Brown, District Judge

9 Hector H. Balderas, Attorney General Margaret McLean, Assistant Attorney General Santa Fe, NM for Appellant Jorge A. Alvarado, Chief Public Defender David Henderson, Assistant Appellate Defender Santa Fe, NM for Appellee

17 MEMORANDUM OPINION HANISEE, Judge.

2 {1} The State appealed an order of the district court suppressing certain evidence discovered during a pat-down of Defendant. We issued a notice proposing to reverse the district court’s decision. After a several-month delay caused by the lack of a timely appointment of appellate counsel for Defendant, Defendant filed a response to the notice of proposed disposition. In that response Defendant included a motion to remand the case for dismissal of the charges brought against him, relying on a plea agreement by the terms of which the State agreed not to pursue those charges should the State’s appeal be successful. The State has responded to Defendant’s motion by filing its own motion to dismiss this appeal, and requesting that the charges filed in this case be dismissed after the case is remanded from this Court. In essence, the State appears to agree with Defendant’s contention that the plea agreement moots this appeal and requires dismissal of the charges brought against Defendant.

14 {2} Having reviewed Defendant’s submission and the State’s motion to dismiss its own appeal, we see no reason not to grant the State’s motion. We therefore dismiss the appeal and remand for dismissal of the charges filed below.

17 {3} IT IS SO ORDERED.

19 J. MILES HANISEE, Judge WE CONCUR:

3 JAMES J. WECHSLER, Judge

5 TIMOTHY L. GARCIA, Judge