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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 35,666 5 FRANK APODACA, 6 Defendant-Appellee. 7 APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY 8 Daniel A. Bryant, District Judge 9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 Elizabeth Ashton, Assistant Attorney General 12 Albuquerque, NM 13 for Appellant 14 Bennett J. Baur, Chief Public Defender 15 Santa Fe, NM 16 for Appellee 17 MEMORANDUM OPINION 18 VIGIL, Chief Judge. 19 {1} The State has appealed from a suppression order. We previously issued a notice 1 of proposed summary disposition, in which we proposed to affirm. The State has filed 2 a response with this Court indicating that it does not oppose our proposed summary 3 disposition. 4 {2} Accordingly, for the reasons previously stated, we affirm. 5 {3} IT IS SO ORDERED. 6 __________________________________ 7 MICHAEL E. VIGIL, Chief Judge 8 WE CONCUR: 9 _____________________________ 10 JAMES J. WECHSLER, Judge 11 ___________________________________ 12 M. MONICA ZAMORA, Judge 2