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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-39907 STATE OF NEW MEXICO, Plaintiff-Appellant, v. DAVID JACKSON, Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Daylene A. Marsh, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellant Arlon L. Stoker, Jr. Farmington, NM for Appellee MEMORANDUM OPINION HANISEE, Chief 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. AFFIRMED. {2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR: KRISTINA BOGARDUS, Judge ZACHARY A. IVES, Judge