State v. Chavez

Opinion

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

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellant,

4 v. NO. 32,151

5 VICENTE CHAVEZ,

6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF UNION COUNTY 8 John M. Paternoster, District Judge

9 Gary K. King, Attorney General 10 Jacqueline R. Medina, Assistant Attorney General 11 Albuquerque, NM

12 for Appellant

13 Alsup Law Office 14 Gary D. Alsup 15 Clayton, NM

16 for Appellee

17 MEMORANDUM OPINION 1 CASTILLO, Chief Judge.

2 The State appeals from the district court order requiring the State to disclose the

3 identity of a confidential informant or in the alternative dismiss the case with

4 prejudice. This Court issued a calendar notice proposing to conclude that the State’s

5 appeal was premature and proposing to dismiss. The State has filed a response to this

6 Court’s calendar notice stating that it agrees with our notice of proposed disposition.

7 Accordingly, we dismiss.

8 IT IS SO ORDERED.

9 __________________________________ 10 CELIA FOY CASTILLO, Chief Judge

11 WE CONCUR:

12 __________________________________ 13 JAMES J. WECHSLER, Judge

14 __________________________________ 15 RODERICK T. KENNEDY, Judge