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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40813 STATE OF NEW MEXICO, Plaintiff-Appellant, v. GUSTAVO PUENTES PEREZ, Defendant-Appellee.

APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Douglas R. Driggers, District Court Judge Raúl Torrez, Attorney General Maris Veidemanis, Assistant Attorney General Santa Fe, NM for Appellant Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellee MEMORANDUM OPINION DUFFY, Judge. {1} The State of New Mexico appeals the district court’s order granting Defendant’s motion for mistrial. We entered a notice of proposed disposition, proposing to affirm.

The State filed a response stating that “it will not be filing a memorandum in opposition.” [MIO 1] {2} Accordingly, and for the reasons stated in our notice of proposed disposition, we affirm. {3} IT IS SO ORDERED.

MEGAN P. DUFFY, Judge WE CONCUR: JENNIFER L. ATTREP, Chief Judge J. MILES HANISEE, Judge