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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38498 STATE OF NEW MEXICO, Plaintiff-Appellant, v. ANGEL GARCIA, Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Marci E. Beyer, District Judge Hector H. Balderas, Attorney General M. Anne Kelly, Assistant Attorney General Marko D. Hananel, Assistant Attorney General Santa Fe, NM for Appellant Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellee MEMORANDUM OPINION VARGAS, Judge. {1} The State appealed a ruling by which it is prohibited from presenting evidence of a prior DWI conviction to the grand jury in this matter. We previously issued a notice of proposed summary disposition in which we proposed to affirm. The State has filed a response indicating that it does not intend to file a memorandum in opposition. {2} Accordingly, for the reasons previously stated, we affirm. {3} IT IS SO ORDERED.

JULIE J. VARGAS, Judge WE CONCUR: JENNIFER L. ATTREP, Judge ZACHARY A. IVES, Judge