Court of Appeals of New Mexico
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-38498
STATE OF NEW MEXICO,
Plaintiff-Appellant,
v.
ANGEL GARCIA,
Defendant-Appellee.
APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY
Marci E. Beyer, District Judge
Hector H. Balderas, Attorney General
M. Anne Kelly, Assistant Attorney General
Marko D. Hananel, Assistant Attorney General
Santa Fe, NM
for Appellant
Bennett J. Baur, Chief Public Defender
Santa Fe, NM
for Appellee
MEMORANDUM OPINION
, Judge.
{1} The State appealed a ruling by which it is prohibited from presenting evidence of a prior DWI conviction to the grand jury in this matter. We previously issued a notice of proposed summary disposition in which we proposed to affirm. The State has filed a response indicating that it does not intend to file a memorandum in opposition.
{2} Accordingly, for the reasons previously stated, we affirm.
{3} IT IS SO ORDERED.
JULIE J. VARGAS, Judge
WE CONCUR:
JENNIFER L. ATTREP, Judge
ZACHARY A. IVES, Judge