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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. 35,416 KEVIN BLANCO, 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 M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellant Bennett J. Baur, Chief Public Defender David Henderson, Assistant Appellate Defender Santa Fe, NM for Appellee

18 MEMORANDUM OPINION BUSTAMANTE, Judge.

1 {1} The State appealed from the dismissal of a supplemental criminal information (habitual offender proceeding). We previously issued a notice of proposed summary disposition, proposing to affirm. The State has filed a response with this Court indicating that it does not intend to file a memorandum in opposition to our proposed summary disposition.

6 {2} Accordingly, for the reasons previously stated, we affirm.

7 {3} IT IS SO ORDERED.

8 _______________________________________ 9 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

12 MICHAEL E. VIGIL, Chief Judge

14 M. MONICA ZAMORA, Judge