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MEMORANDUM OPINION

VIGIL, Judge.

{¶ 1} Defendant, James Wilson, appeals from the district court's order revoking probation and imposing judgment and sentence. [DS 1] He contends the district court erred by revoking his probation in four different cases because he was not serving a term of probation in these cases at the time he admittedly violated probation in another case. [DS 3] We issued a notice consolidating the four cases and proposing to summarily affirm. Defendant filed a memorandum in opposition to our proposed summary affirmance. We remain unpersuaded by Defendant's arguments and affirm.

{¶ 2} In his memorandum in opposition, Defendant argues that he preserved the argument he makes on appeal by raising it orally in the district court. [MIO 2, footnote 1] We thus consider the merits of Defendant's argument.

{¶ 3} In our notice, we proposed to summarily affirm based on State v. Lopez, 2007-NMSC-011, 141 N.M. 293, 154 P.3d 668. We invited Defendant to specifically explain why Lopez is inapplicable. Defendant does not attempt to distinguish Lopez, but continues to argue that the district court erred, relying on State v. Franklin, 1967-NMSC-151, 78 N.M. 127, 428 P.2d 982, and State v. Boyer, 1985-NMCA-029, 103 N.M. 655, 712 P.2d 1. [DS 2] We continue to believe that Lopez controls and thus affirm.

{¶ 4} IT IS SO ORDERED.

JAMES J. WECHSLER, Judge and CYNTHIA A. FRY, Judge, concurs.