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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-37775 STATE OF NEW MEXICO, Plaintiff-Appellee, v. TEOFILO CHAVEZ, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF QUAY COUNTY Albert J. Mitchell, Jr. , District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Dean E. Border Albuquerque, NM for Appellant MEMORANDUM OPINION VARGAS, Judge. {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. {2} AFFIRMED. {3} IT IS SO ORDERED.

JULIE J. VARGAS, Judge WE CONCUR: MEGAN P. DUFFY, Judge ZACHARY A. IVES, Judge