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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. 35,833 BRYAN S., 6 Child-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Marci E. Beyer, District Judge Hector H. Balderas, Attorney General Laura E. Horton, Assistant Attorney General Santa Fe, NM for Appellant Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellee 16 MEMORANDUM OPINION HANISEE, Judge.

18 {1} The State appeals from the children’s court’s order excluding evidence and testimony and dismissing the case. This Court issued a notice of proposed disposition, proposing to dismiss the State’s appeal for lack of a final order. In response, the State filed a notice of its intent not to file a memorandum in opposition to our notice of proposed disposition. Accordingly, we rely on the reasoning contained in our notice of proposed disposition and dismiss the State’s appeal.

5 {2} IT IS SO ORDERED.

7 J. MILES HANISEE, Judge WE CONCUR:

10 LINDA M. VANZI, Chief Judge

12 JAMES J. WECHSLER, Judge