State v. Custer

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1 2 3 4 5 6 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 STATE OF NEW MEXICO, 8 Plaintiff-Appellant, 9 v. NO. 30,990 10 BYRON CUSTER, 11 Defendant-Appellee, 12 APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY 13 Grant L. Foutz, District Judge 14 Gary K. King, Attorney General 15 Andrea Sassa, Assistant Attorney General 16 Santa Fe, NM 17 for Appellant 18 Steven F. Seeger 19 Gallup, NM 20 for Appellee 21 MEMORANDUM OPINION 22 VIGIL, Judge. 23 The State appeals dismissal of charges against Defendant. In our notice, we 1 proposed to affirm the dismissal. The State has responded that it does not contest our 2 proposal. 3 Therefore, for the reasons stated in our notice, we affirm. 4 IT IS SO ORDERED. 5 6 7 WE CONCUR: ______________________________ MICHAEL E. VIGIL, Judge 8 ___________________________ 9 JONATHAN B. SUTIN, Judge 10 ___________________________ 11 TIMOTHY L. GARCIA, Judge 2

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