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 1         IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

 2 STATE OF NEW MEXICO,

 3          Plaintiff-Appellant,

 4 v.                                                                    NO. 35,761

 5 KIRK BENTON,

 6          Defendant-Appellee.

 7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY
 8 Angie K. Schneider, District Judge

 9 Hector H. Balderas, Attorney General
10 Maris Veidemanis, Assistant Attorney General
11 Santa Fe, NM

12 for Appellant

13 Kicklighter Law PC
14 Molly Kicklighter
15 Alamogordo, NM

16 for Appellee

17                                 MEMORANDUM OPINION

18 GARCIA, Judge.

19   {1}    The State appeals from an order granting a motion to suppress. We issued a
1 calendar notice proposing to affirm. The State has filed a response informing us that

2 it will not be filing a memorandum in opposition. Accordingly, we affirm the district

3 court.

4   {2}    IT IS SO ORDERED.

5                                               ________________________________
6                                               TIMOTHY L. GARCIA, Judge

7 WE CONCUR:


8 _______________________________
9 J. MILES HANISEE, Judge


10 _______________________________
11 JULIE J. VARGAS, Judge




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