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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. 35,502 STEPHANIE VERONICA DELARA, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY Daniel A. Bryant, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellant Gary C. Mitchell, P.C.

15 Gary C. Mitchell Ruidoso, NM for Appellee

18 MEMORANDUM OPINION BUSTAMANTE, Judge.

1 {1} The State has appealed from an order denying a motion for reconsideration. We previously issued a notice of proposed summary disposition, proposing to dismiss.

3 The State has filed a response with this Court indicating that it does not oppose our proposed summary disposition.

5 {2} Accordingly, for the reasons previously stated, we dismiss.

6 {3} IT IS SO ORDERED.

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

12 JAMES J. WECHSLER, Judge

14 M. MONICA ZAMORA, Judge