*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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-Appellee, v. No. A-1-CA-36150 BRIAN DALY,

Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Matthew E. Chandler, District Judge

Hector H. Balderas, Attorney General

Santa Fe, NM

Andrea Rowley, Assistant Attorney General

Clovis, NM

for Appellee

Harmon Barnett Morris, P.C.

Tye C. Harmon

Clovis, NM

for Appellant

MEMORANDUM OPINION

HANISEE, Judge. *2 Summary dismissal was proposed for the reasons stated in the notice of {1} proposed summary disposition. No memorandum opposing summary dismissal has been filed and the time for doing so has expired. DISMISSED. IT IS SO ORDERED.

{2}

J. MILES HANISEE, Judge WE CONCUR:

STEPHEN G. FRENCH, Judge

HENRY M. BOHNHOFF, Judge

2