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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-41996 STATE OF NEW MEXICO, Plaintiff-Appellant, v. GERALD STINEBAUGH a/k/a GERALD WINSTON STINEBAUGH, Defendant-Appellee.

APPEAL FROM THE METROPOLITAN COURT OF BERNALILLO COUNTY Maria I. Dominguez, Metropolitan Court Judge Raúl Torrez, Attorney General Santa Fe, NM Eric Orona, Assistant Solicitor General Albuquerque, NM for Appellant Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellee MEMORANDUM OPINION WRAY, Judge. {1} Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. Appellant has filed a notice with this Court informing us that it will not be filing a memorandum in opposition. No memorandum opposing the proposed disposition has been filed, and the time for doing so has expired. Accordingly, we rely on the reasoning contained in our notice of proposed disposition. AFFIRMED. {2} IT IS SO ORDERED.

KATHERINE A. WRAY, Judge WE CONCUR: KRISTINA BOGARDUS, Judge SHAMMARA H. HENDERSON, Judge