Court of Appeals of New Mexico
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STATE V. LOZANO
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STATE OF NEW MEXICO
Plaintiff-Appellant,
v.
MARCOS FINO LOZANO,
Defendant-Appellee.
No. 32,345
COURT OF APPEALS OF NEW MEXICO
April 3, 2013
APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY,
Douglas R. Driggers, District Judge
COUNSEL
Gary K. King, Attorney General, James W. Grayson, Assistant Attorney General, Santa Fe, NM, for Appellant
Law Office of Michael E. Cain, LLC, Michael E. Cain, Las Cruces, NM, for Appellee
JUDGES
JONATHAN B. SUTIN, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, MICHAEL E. VIGIL, Judge
MEMORANDUM OPINION
SUTIN, Judge.
Summary reversal was proposed for the reasons stated in the second notice of proposed summary disposition. No memorandum opposing summary reversal has been filed, and the time for doing so has expired.
For the reasons set forth in our second notice of proposed summary disposition filed December 14, 2012, we REVERSE the district court’s order excluding Officer Herrera as a witness.
IT IS SO ORDERED.
JONATHAN B. SUTIN, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
MICHAEL E. VIGIL, Judge