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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. 35,273 CASSANDRA BUCK, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Christina P. Argyres, District Judge Hector H. Balderas, Attorney General Santa Fe, NM John Kloss, 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} Here, the State appealed from the district court’s order dismissing the State’s case with prejudice. Our review of the record indicated that the district court’s order of dismissal with prejudice was based on an adjudication of the merits of the State’s case and effected an acquittal. See State v. Baca, 2015-NMSC-021, ¶ 32, 352 P.3d 5 1151. We issued a notice of proposed summary disposition, proposing to dismiss, on grounds that the Double Jeopardy Clause absolutely bars the State from appealing after an acquittal, even where the acquittal is based on “egregiously erroneous” grounds. State v. Lizzol, 2007-NMSC-024, ¶ 7, 141 N.M. 705, 160 P.3d 886 (internal quotation marks and citation omitted). The State has responded to our notice, indicating that it will not file a memorandum in opposition based on its concurrence that the district court “truly acquitted Defendant, double jeopardy protections preclude retrial, and dismissal of the State’s appeal is required.” [Response] We continue to believe this is the necessary result.

14 {2} For the reasons stated in this Opinion and in our notice, we dismiss the State’s appeal.

16 {3} IT IS SO ORDERED.

17 __________________________________ 18 JONATHAN B. SUTIN, Judge WE CONCUR: ___________________________________ RODERICK T. KENNEDY, Judge _______________________________ LINDA M. VANZI, Judge