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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. 35,761 KIRK BENTON, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Angie K. Schneider, District Judge Hector H. Balderas, Attorney General Maris Veidemanis, Assistant Attorney General Santa Fe, NM for Appellant Kicklighter Law PC Molly Kicklighter Alamogordo, NM for Appellee 17 MEMORANDUM OPINION GARCIA, Judge.

19 {1} The State appeals from an order granting a motion to suppress. We issued a calendar notice proposing to affirm. The State has filed a response informing us that it will not be filing a memorandum in opposition. Accordingly, we affirm the district court.

4 {2} IT IS SO ORDERED.

5 ________________________________ 6 TIMOTHY L. GARCIA, Judge WE CONCUR:

8 _______________________________ J. MILES HANISEE, Judge

10 _______________________________ JULIE J. VARGAS, Judge