State v. Bustamante (Unpublished Opinion)

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This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computergenerated errors or other deviations from the official version filed by the Court of Appeals. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38709 STATE OF NEW MEXICO, Plaintiff-Appellee, v. FRANCISCO BUSTAMANTE, Defendant-Appellee. APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY Donna J. Mowrer, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Meryl E. Francolini, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant MEMORANDUM OPINION HANISEE, Chief Judge. {1} The State appeals from the district court’s order excluding lab results and expert testimony. In this Court’s notice of proposed disposition, we proposed to summarily affirm. In response, the State filed a notice of its intent not to file a memorandum in opposition to our proposed summary disposition. We therefore affirm for the reasons set out in this Court’s notice of proposed disposition. {2} IT IS SO ORDERED. J. MILES HANISEE, Chief Judge WE CONCUR: JACQUELINE R. MEDINA, Judge ZACHARY A. IVES, Judge

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