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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. No. 35,591 MORRELL TONEY 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Jacqueline D. Flores, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Kathleen Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant

16 MEMORANDUM OPINION VIGIL, Chief Judge.

1 {1} Defendant Morrell Toney appeals from the district court’s judgment, sentence, and order partially suspending his sentence, entered on April 5, 2016. This Court issued a notice of proposed disposition, proposing to dismiss the appeal for lack of a final, appealable order. Defendant filed a response, stating that he “concurs with this Court’s proposed summary dismissal of his appeal for lack of jurisdiction.”

6 Accordingly, and for the reasons stated in our notice of proposed disposition, we dismiss for lack of a final, appealable order.

8 {2} IT IS SO ORDERED.

9 ______________________________ 10 MICHAEL E. VIGIL, Chief Judge

11 WE CONCUR:

12 ___________________________________ LINDA M. VANZI, Judge

14 ___________________________________ STEPHEN G. FRENCH, Judge