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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40832 IN THE MATTER OF THE DIRECT CRIMINAL CONTEMPT OF ALAN H. MAESTAS, Attorney-Appellant.

APPEAL FROM THE DISTRICT COURT OF UNION COUNTY Melissa A. Kennelly, District Court Judge Kathryn J. Hardy Law, LLC Kathryn J. Hardy Taos, NM for Appellant MEMORANDUM OPINION DUFFY, Judge. {1} Appellant appeals from the district court’s order of contempt. On appeal, Appellant asserts the district court erred in proceeding with sentencing without the presence of the prosecutor and by imposing an excessive sentence. This Court issued a notice of proposed disposition, proposing to affirm. In response, Appellant filed a notice of intent not to file a memorandum in opposition. Therefore, in the absence of opposition and for the reasons outlined in our notice of proposed disposition, we affirm.

See Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”). {2} IT IS SO ORDERED.

MEGAN P. DUFFY, Judge WE CONCUR: JANE B. YOHALEM, Judge KATHERINE A. WRAY, Judge