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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. A-1-CA-36597 5 ELMO SILVA, 6 Defendant-Appellant. 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 for Appellee 12 J. Robert Beauvais, P.A. 13 John Robert Beauvais 14 Ruidoso, NM 15 for Appellant 16 MEMORANDUM OPINION 17 VIGIL, Judge. 1 {1} Summary affirmance was proposed for the reasons stated in the notice of 2 proposed summary disposition. No memorandum opposing summary affirmance has 3 been filed and the time for doing so has expired 4 {2} AFFIRMED. 5 {3} IT IS SO ORDERED. 6 _______________________________ 7 MICHAEL E. VIGIL, Judge 8 WE CONCUR: 9 _________________________________ 10 M. MONICA ZAMORA, Judge 11 _________________________________ 12 J. MILES HANISEE, Judge 2