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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. A-1-CA-35505 JASON PENDERGAST, 8 Defendant-Appellant.

9 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Fred T. Van Soelen, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Aarons Law Firm, PC Stephen D. Aarons Santa Fe, NM for Appellant 18 MEMORANDUM OPINION VIGIL, Judge.

1 {1} Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired

4 {2} AFFIRMED.

5 {3} IT IS SO ORDERED.

6 _______________________________ 7 MICHAEL E. VIGIL, Judge

8 WE CONCUR:

9 ___________________________ JONATHAN B. SUTIN, Judge

11 ___________________________ M. MONICA ZAMORA, Judge