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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-Appellee, 4 v. NO. 32,727 5 ALBERT HERNANDEZ, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY 8 Gary L. Clingman, District Judge 9 Gary K. King, Attorney General 10 Santa Fe, NM 11 Max De Azevedo 12 Hobbs, NM 13 for Appellee 14 Templeman & Crutchfield, PA 15 C. Barry Crutchfield 16 Lovington, NM 17 for Appellant 1 MEMORANDUM OPINION 2 WECHSLER, Judge. 3 {1} Summary affirmance was proposed for the reasons stated in the notice of 4 proposed summary disposition. No memorandum opposing summary affirmance has 5 been filed and the time for doing so has expired. 6 {2} Accordingly, we affirm for the reasons stated in our calendar notice. 7 {3} IT IS SO ORDERED. 8 __________________________________ 9 JAMES J. WECHSLER, Judge 10 WE CONCUR: 11 _________________________________ 12 JONATHAN B. SUTIN, Judge 13 _________________________________ 14 LINDA M. VANZI, Judge 2