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

 2 STATE OF NEW MEXICO,

 3        Plaintiff-Appellee,

 4 v.                                                                        No. 28,827

 5 MARSHALL ELVIDGE,

 6        Defendant-Appellant.

 7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
 8 Sandra A. Price, District Judge

 9 Gary K. King, Attorney General
10 Santa Fe, NM

11 for Appellee

12 Scott M. Curtis
13 Farmington, NM

14 for Appellant

15                               MEMORANDUM OPINION

16 SUTIN, Judge.

17        Summary affirmance was proposed for the reasons stated in the notice of proposed

18 summary disposition. No memorandum opposing summary affirmance has been filed and

19 the time for doing so has expired.

20        AFFIRMED.
1      IT IS SO ORDERED.


2                                         __________________________________
3                                         JONATHAN B. SUTIN, Judge



4 WE CONCUR:



5 _________________________________
6 CELIA FOY CASTILLO, Judge



7 _________________________________
8 TIMOTHY L. GARCIA, Judge




                                      2
