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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. A-1-CA-37412 ALBERT BARNETT, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF CIBOLA COUNTY Pedro Gabaldon Rael, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellant Bennett J. Baur, Chief Public Defender William A. O’Connell, Assistant Public Defender Santa Fe, NM for Appellee 16 MEMORANDUM OPINION VANZI, Chief Judge.

18 {1} The State appeals from the district court’s order excluding witnesses. We issued a notice of proposed summary disposition proposing to reverse and remand, and Defendant Albert Barnett has filed a response indicating that he does not oppose our proposed summary disposition. Accordingly, for the reasons stated in our notice of proposed summary disposition, we reverse and remand this case to the district court.

4 {2} IT IS SO ORDERED.

5 ______________________________ 6 LINDA M. VANZI, Chief Judge

7 WE CONCUR:

8 ____________________________ M. MONICA ZAMORA, Judge

10 ____________________________ J. MILES HANISEE, Judge