State v. Varela, A-1-CA-40450

CitationA-1-CA-40450
Case DateNovember 21, 2022
CourtCourt of Appeals of New Mexico

STATE OF NEW MEXICO, Plaintiff-Appellant,
v.

STEFAN VARELA, Defendant-Appellee.

No. A-1-CA-40450

Court of Appeals of New Mexico

November 21, 2022


Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.

APPEAL FROM THE DISTRICT COURT OF COLFAX COUNTY Melissa A. Kennelly, District Judge

Hector H. Balderas, Attorney General Laurie K. Blevins, Assistant Attorney General Santa Fe, NM for Appellant

Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellee

MEMORANDUM OPINION

ZACHARY A. IVES, JUDGE

{¶1} The State appeals from the district court's order on the State's motion in limine and dismissing the case with prejudice for failure to prosecute. On appeal, the State claimed that the district court erred in making several preliminary evidentiary rulings based on proffered material in the State's motion in limine, and the State did not challenge the dismissal of the case for failure to prosecute. This Court issued a

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notice of proposed disposition, proposing to affirm the district court. Now, the State has filed a response to our notice of proposed disposition and announced that it will not file a memorandum in opposition.

{¶2} Accordingly, we rely on the reasoning contained in our notice of proposed disposition, and we affirm the district court.

{¶3} IT IS SO ORDERED.

WE CONCUR: SHAMMARA H. HENDERSON, Judge, JANE B. YOHALEM, Judge

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