*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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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-35505 JASON PENDERGAST,

Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Fred T. Van Soelen, District Judge

Hector H. Balderas, Attorney General

Santa Fe, NM

for Appellee

Aarons Law Firm, PC

Stephen D. Aarons

Santa Fe, NM

for Appellant

MEMORANDUM OPINION

VIGIL, Judge. *2 Summary affirmance was proposed for the reasons stated in the notice of {1} proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired

{2} AFFIRMED. IT IS SO ORDERED.

{3}

_______________________________ MICHAEL E. VIGIL, Judge WE CONCUR:

___________________________

JONATHAN B. SUTIN, Judge

___________________________

M. MONICA ZAMORA, Judge

2