1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 STATE OF NEW MEXICO, 8 Plaintiff-Appellant, 9 v. NO. 30,807 10 JOSEPH ANTHONY GARCIA, 11 Defendant-Appellee. 12 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 13 Lisa C. Schultz, District Judge 14 Gary K. King, Attorney General 15 Andrew S. Montgomery, Assistant Attorney General 16 Santa Fe, NM 17 for Appellant 18 Law Offices of Michael L. Stout 19 Michael L. Stout 20 Las Cruces, NM 21 for Appellee 22 MEMORANDUM OPINION 23 VIGIL, Judge. 1 The State appeals the district court order granting a new trial to Defendant. We 2 proposed to affirm in a calendar notice. In response, the State filed a “Notice of Non- 3 Intention to File Memorandum in Response to Notice of Proposed Summary 2 1 Disposition.” Therefore, for the reasons discussed in our calendar notice, we affirm. 2 IT IS SO ORDERED. 3 _______________________________ 4 MICHAEL E. VIGIL, Judge 5 WE CONCUR: 6 _________________________________ 7 MICHAEL D. BUSTAMANTE, Judge 8 _________________________________ 9 JONATHAN B. SUTIN, Judge 3