This decision was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of non-precedential dispositions. Please also note that this electronic decision may contain computer-generated errors or other deviations from the official paper version filed by the Supreme Court. 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