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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-39375 STATE OF NEW MEXICO, Plaintiff-Appellant, v. JOSE HERNANDEZ, Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY Daniel A. Bryant, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Walter M. Hart, III, Assistant Attorney General Albuquerque, NM for Appellant Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellee MEMORANDUM OPINION MEDINA, Judge. {1} The State appeals the district court’s order granting Defendant’s motion to dismiss. In this Court’s notice of proposed disposition, we proposed to summarily affirm.

Subsequently, the State filed with this Court a notice that it does not oppose our proposed summary disposition. Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm the district court. {2} IT IS SO ORDERED.

JACQUELINE R. MEDINA, Judge WE CONCUR: MEGAN P. DUFFY, Judge JANE B. YOHALEM, Judge