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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 34,547 STEVE TOLLARDO, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF TAOS COUNTY Gerald E. Baca, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Appellate Defender Will O’Connell, Assistant Appellate Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION KENNEDY, Judge.

18 {1} Defendant Steve Tollardo appeals from the district court’s amended judgment and sentence. [3 RP 541] On October 6, 2014, Defendant filed a timely motion for reconsideration of sentence pursuant to Rule 5-801 NMRA. [3 RP 548] See id. (“A motion to reduce a sentence may be filed within ninety (90) days after the sentence is imposed[.]”). Summary dismissal was proposed for lack of a final order. Defendant filed a response indicating that he agrees with our proposed dismissal. Accordingly, we dismiss for the reasons stated in this Court’s notice of proposed disposition.

6 {2} IT IS SO ORDERED.

7 _______________________________ 8 RODERICK T. KENNEDY, Judge

9 WE CONCUR:

10 ___________________________________ JAMES J. WECHSLER, Judge

12 _________________________________ J. MILES HANISEE, Judge