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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. 35,666 FRANK APODACA, 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 Elizabeth Ashton, Assistant Attorney General Albuquerque, NM for Appellant Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellee 17 MEMORANDUM OPINION VIGIL, Chief Judge.

19 {1} The State has appealed from a suppression order. We previously issued a notice of proposed summary disposition, in which we proposed to affirm. The State has filed a response with this Court indicating that it does not oppose our proposed summary disposition.

4 {2} Accordingly, for the reasons previously stated, we affirm.

5 {3} IT IS SO ORDERED.

6 __________________________________ 7 MICHAEL E. VIGIL, Chief Judge

8 WE CONCUR:

9 _____________________________ JAMES J. WECHSLER, Judge

11 ___________________________________ M. MONICA ZAMORA, Judge