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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. 34,485
5 ERIC GARCIA,
6 Defendant-Appellee.
7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
8 Jacqueline D. Flores, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 Jane A. Bernstein, Assistant Attorney General
12 Albuquerque, NM
13 for Appellant
14 M. Naomi Salazar
15 Albuquerque, NM
16 for Appellee
17 MEMORANDUM OPINION
18 GARCIA, Judge.
1 {1} Plaintiff State of New Mexico filed a docketing statement, appealing from the
2 district court’s order granting Defendant Eric Garcia’s motion to exclude drug test
3 results, entered on January 30, 2015. [DS 2–3; RP 33] This Court issued a calendar
4 notice, proposing to affirm. The State filed a response to our notice, informing this
5 Court that it “will not be filing a memorandum in opposition to the proposed summary
6 affirmance[.]” [Response 1] Accordingly, for the reasons stated in our notice of
7 proposed disposition, we affirm.
8 {2} IT IS SO ORDERED.
9 ________________________________
10 TIMOTHY L. GARCIA, Judge
11 WE CONCUR:
12 _______________________________
13 RODERICK T. KENNEDY, Judge
14 _______________________________
15 LINDA M. VANZI, Judge
2