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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. 36,273 DAVID ELLIOTT CASTLE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Cindy Leos, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Gorence & Oliveros, P.C.

13 Robert J. Gorence Victor E. Sanchez Albuquerque, NM for Appellant 17 MEMORANDUM OPINION GARCIA, Judge.

19 {1} Defendant-Appellant David Elliott Castle appeals from the district court’s denial of his motion to dismiss premised on prosecutorial misconduct and double jeopardy grounds. We previously issued a notice of proposed summary disposition in which we proposed to affirm. Defendant has filed a response with this Court indicating that he does not intend to file a memorandum in opposition to our proposed summary disposition.

6 {2} Accordingly, for the reasons previously stated, we affirm the district court’s decision.

8 {3} IT IS SO ORDERED.

9 ________________________________ 10 TIMOTHY L. GARCIA, Judge WE CONCUR:

12 _______________________________ JONATHAN B. SUTIN, Judge

14 _______________________________ J. MILES HANISEE, Judge