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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40450 STATE OF NEW MEXICO, Plaintiff-Appellant, v. STEFAN VARELA, Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF COLFAX COUNTY Melissa A. Kennelly, District Judge Hector H. Balderas, Attorney General Laurie K. Blevins, Assistant Attorney General Santa Fe, NM for Appellant Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellee MEMORANDUM OPINION IVES, Judge. {1} The State appeals from the district court’s order on the State’s motion in limine and dismissing the case with prejudice for failure to prosecute. On appeal, the State claimed that the district court erred in making several preliminary evidentiary rulings based on proffered material in the State’s motion in limine, and the State did not challenge the dismissal of the case for failure to prosecute. This Court issued a notice of proposed disposition, proposing to affirm the district court. Now, the State has filed a response to our notice of proposed disposition and announced that it will not file a memorandum in opposition. {2} Accordingly, we rely on the reasoning contained in our notice of proposed disposition, and we affirm the district court. {3} IT IS SO ORDERED.

ZACHARY A. IVES, Judge WE CONCUR: SHAMMARA H. HENDERSON, Judge JANE B. YOHALEM, Judge