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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-36597 ELMO SILVA, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY Daniel A. Bryant, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee J. Robert Beauvais, P.A.

13 John Robert Beauvais Ruidoso, NM for Appellant 16 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 _________________________________ M. MONICA ZAMORA, Judge

11 _________________________________ J. MILES HANISEE, Judge