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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. 35,191 CHRISTOPHER LOPEZ, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Brett R. Loveless, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Steven Johnston, Assistant Attorney General Albuquerque, NM for Appellant Jorge A. Alvarado, Chief Public Defender Santa Fe, NM for Appellee 17 MEMORANDUM OPINION SUTIN, Judge.

1 {1} Summary dismissal for lack of a final, appealable order was proposed for the reasons stated in the notice of proposed summary disposition. The State has filed a response to this Court’s notice of proposed disposition informing this Court that it will not be filing a memorandum in opposition to our notice. Accordingly, for the reasons stated in this Court’s notice of proposed disposition, we dismiss the State’s appeal.

6 {2} IT IS SO ORDERED.

7 __________________________________ 8 JONATHAN B. SUTIN, Judge WE CONCUR:

10 _________________________________ MICHAEL D. BUSTAMANTE, Judge

12 _________________________________ LINDA M. VANZI, Judge