1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.

3 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.

6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 8 Plaintiff-Appellee, v. NO. 29,313 LESLIE AAGESEN, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Thomas J. Hynes, District Judge Gary K. King, Attorney General Santa Fe, NM Ralph E. Trujillo, Assistant Attorney General Albuquerque, NM for Appellee Hugh W. Dangler, Chief Public Defender Nancy M. Hewitt, Appellate Public Defender Santa Fe, NM for Appellant 23 MEMORANDUM OPINION KENNEDY, Judge.

1 Defendant appeals the district court’s finding it lacked jurisdiction to review Defendant’s conditions of probation. This Court issued a calendar notice assigning the case to the summary calendar and proposing summary reversal on April 2, 2009.

4 The State has filed a response to our calendar notice and states it will not submit a memorandum in opposition to our proposed summary reversal.

6 Accordingly, we reverse and remand to the district court for the reasons stated in our calendar notice.

8 IT IS SO ORDERED.

9 ___________________________________ 10 RODERICK T. KENNEDY, Judge WE CONCUR:

12 ___________________________ JAMES J. WECHSLER, Judge

14 ___________________________ TIMOTHY L. GARCIA, Judge