State v. Blanco ( 2016 )

This memorandum opinion was not selected for publication in the New Mexico Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, 4 v. No. 35,416 5 KEVIN BLANCO, 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 M. Anne Kelly, Assistant Attorney General 12 Albuquerque, NM 13 for Appellant 14 Bennett J. Baur, Chief Public Defender 15 David Henderson, Assistant Appellate Defender 16 Santa Fe, NM 17 for Appellee 18 MEMORANDUM OPINION 19 BUSTAMANTE, Judge. 1 {1} The State appealed from the dismissal of a supplemental criminal information 2 (habitual offender proceeding). We previously issued a notice of proposed summary 3 disposition, proposing to affirm. The State has filed a response with this Court 4 indicating that it 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. 7 {3} IT IS SO ORDERED. 8 _______________________________________ 9 MICHAEL D. BUSTAMANTE, Judge 10 WE CONCUR: 11 12 MICHAEL E. VIGIL, Chief Judge 13 14 M. MONICA ZAMORA, Judge 2