1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see 2 Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please 3 also note that this electronic memorandum opinion may contain computer-generated errors or other 4 deviations from the official paper version filed by the Court of Appeals and does not include the 5 filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 STATE OF NEW MEXICO, 8 Plaintiff-Appellee, 9 v. NO. 31,329 10 RAY VIVIER, 11 Defendant-Appellant. 12 APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY 13 John W. Pope, District Judge 14 Gary K. King, Attorney General 15 Santa Fe, NM 16 for Appellee 17 Michael R. Demarco 18 McIntosh, NM 19 for Appellant 20 MEMORANDUM OPINION 21 WECHSLER, Judge. 22 Summary affirmance was proposed for the reasons stated in the notice of 23 proposed disposition. No memorandum opposing summary affirmance has been filed, 1 and the time for doing so has expired. 2 Affirmed. 3 IT IS SO ORDERED. 4 ______________________________ 5 JAMES J. WECHSLER, Judge 6 WE CONCUR: 7 _______________________________ 8 RODERICK T. KENNEDY, Judge 9 _______________________________ 10 TIMOTHY L. GARCIA, Judge 2