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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Filing Date: July 25, 2024 No. S-1-SC-35696 BROADWAY APARTMENTS, Plaintiff-Appellee, v. RAY VALDEZ, Defendant-Appellant.

CERTIFICATION FROM THE COURT OF APPEALS Clay Campbell, District Judge New Mexico Legal Aid, Inc. Thomas Prettyman Albuquerque, NM for Appellant Lu Garcia Pro se Albuquerque, NM for Appellee DISPOSITIONAL ORDER OF REMAND PER CURIAM. {1} WHEREAS, on February 15, 2016, the Court accepted certification and held this matter in abeyance pending this Court’s disposition in Padilla v. Torres, No. S-1-SC- 35619; {2} WHEREAS, on August 17, 2022, Defendant’s counsel filed a Notice of Suggestion of Death; {3} WHEREAS this Court issued an opinion in Padilla on February 5, 2024, reversing and remanding that matter to the metropolitan court for a new trial, see Padilla v. Torres, 2024-NMSC-007, ¶ 2, 548 P.3d 31; {4} WHEREAS, the Court concludes that the certification question presented in this matter is addressed by the Court’s opinion in Padilla; {5} WHEREAS, the Court, therefore, exercises its discretion under Rule 12-405(B) NMRA to dispose of this matter by non-precedential order; and {6} WHEREAS, the Court having considered the foregoing and being sufficiently advised; {7} NOW, THEREFORE, IT IS ORDERED that the Court’s February 15, 2016, order is WITHDRAWN as to the abeyance; {8} IT IS FURTHER ORDERED that the parties shall file a notice of suggestion of death in the metropolitan court pursuant to Rule 3-403 NMRA; and {9} IT IS FURTHER ORDERED that this matter is remanded to the metropolitan court for further proceedings. {10} IT IS SO ORDERED.

WE CONCUR: DAVID K. THOMSON, Chief Justice MICHAEL E. VIGIL, Justice C. SHANNON BACON, Justice JULIE J. VARGAS, Justice BRIANA H. ZAMORA, Justice