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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. No. 36,273
5 DAVID ELLIOTT CASTLE,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
8 Cindy Leos, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 for Appellee
12 Gorence & Oliveros, P.C.
13 Robert J. Gorence
14 Victor E. Sanchez
15 Albuquerque, NM
16 for Appellant
17 MEMORANDUM OPINION
18 GARCIA, Judge.
19 {1} Defendant-Appellant David Elliott Castle appeals from the district court’s
1 denial of his motion to dismiss premised on prosecutorial misconduct and double
2 jeopardy grounds. We previously issued a notice of proposed summary disposition in
3 which we proposed to affirm. Defendant has filed a response with this Court
4 indicating that he does not intend to file a memorandum in opposition to our proposed
5 summary disposition.
6 {2} Accordingly, for the reasons previously stated, we affirm the district court’s
7 decision.
8 {3} IT IS SO ORDERED.
9 ________________________________
10 TIMOTHY L. GARCIA, Judge
11 WE CONCUR:
12 _______________________________
13 JONATHAN B. SUTIN, Judge
14 _______________________________
15 J. MILES HANISEE, Judge
2