Court of Appeals of New Mexico
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STATE V. CASTLE
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
DAVID ELLIOTT CASTLE,
Defendant-Appellant.
No. 36,273
COURT OF APPEALS OF NEW MEXICO
July 11, 2017
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY,
Cindy Leos, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, for Appellee
Gorence & Oliveros, P.C., Robert J. Gorence, Victor E. Sanchez, Albuquerque, NM, for Appellant
JUDGES
TIMOTHY L. GARCIA, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, J. MILES HANISEE, Judge
MEMORANDUM OPINION
GARCIA, Judge.
{1} Defendant-Appellant David Elliott Castle appeals from the district court’s denial of his motion to dismiss premised on prosecutorial misconduct and double jeopardy grounds. We previously issued a notice of proposed summary disposition in which we proposed to affirm. Defendant has filed a response with this Court indicating that he does not intend to file a memorandum in opposition to our proposed summary disposition.
{2} Accordingly, for the reasons previously stated, we affirm the district court’s decision.
{3} IT IS SO ORDERED.
TIMOTHY L. GARCIA, Judge
WE CONCUR:
JONATHAN B. SUTIN, Judge
J. MILES HANISEE, Judge