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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. 31,978
5 RUSSELL RANKIN,
6 Defendant-Appellee.
7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
8 Reed S. Sheppard, District Judge
9 Gary K. King, Attorney General
10 William H. Lazar, Assistant Attorney General
11 Santa Fe, NM
12 for Appellant
13 Clark, Grubesic, Jones & Baur, L.L.C.
14 Thomas M. Clark
15 Santa Fe, NM
16 for Appellee
17 MEMORANDUM OPINION
18 VIGIL, Judge.
1 The State appealed an order dismissing the charges against Defendant in this
2 case. In our notice of proposed summary disposition, we proposed to affirm, stating
3 that dismissal was appropriate pursuant to Rule 5-203(A) NMRA, since the State had
4 failed to join these charges with the related charges in a prior case. The State has filed
5 a response in which it now concedes that joinder was required. It therefore does not
6 oppose summary affirmance. Accordingly, for the reasons stated in our notice of
7 proposed summary disposition, we affirm.
8 IT IS SO ORDERED.
9 __________________________________
10 MICHAEL E. VIGIL, Judge
11 WE CONCUR:
12 _________________________________
13 RODERICK T. KENNEDY, Judge
14 _________________________________
15 LINDA M. VANZI , Judge
2