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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38553 STATE OF NEW MEXICO, Plaintiff-Appellant, v. BRIAN JACKSON, Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY Louis P. McDonald, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Charles J. Gutierrez, Assistant Attorney General Albuquerque, NM for Appellant Arthur Hernandez Rio Rancho, NM for Appellee MEMORANDUM OPINION HANISEE, Chief Judge. {1} The State appeals from the district court’s order granting Defendant’s motion to suppress an officer’s testimony. This Court issued a notice of proposed disposition, proposing to summarily affirm. The State filed a notice of non-opposition to our calendar notice, stating that it does not oppose the proposed summary disposition. Accordingly, and for the reasons stated in our notice of proposed disposition, we affirm. {2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR: KRISTINA BOGARDUS, Judge BRIANA H. ZAMORA, Judge