*1 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO,

Plaintiff-Appellant, v. NO. 35,761 KIRK BENTON,

Defendant-Appellee. APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Angie K. Schneider, District Judge

Hector H. Balderas, Attorney General

Maris Veidemanis, Assistant Attorney General

Santa Fe, NM

for Appellant

Kicklighter Law PC

Molly Kicklighter

Alamogordo, NM

for Appellee

MEMORANDUM OPINION

GARCIA, Judge. The State appeals from an order granting a motion to suppress. We issued a

{1} *2 calendar notice proposing to affirm. The State has filed a response informing us that it will not be filing a memorandum in opposition. Accordingly, we affirm the district court. IT IS SO ORDERED.

{2}

________________________________ TIMOTHY L. GARCIA, Judge WE CONCUR:

_______________________________

J. MILES HANISEE, Judge

_______________________________

JULIE J. VARGAS, Judge

2