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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 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. 30,243 MICHAEL STRUBHAR, 11 Defendant-Appellant, APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Stephen Bridgforth, District Judge Gary K. King, Attorney General Santa Fe, NM M. Anne Kelley, Assistant Attorney General Albuquerque, NM for Appellee Hugh W. Dangler, Chief Public Defender Aric G. Elsenheimer, Assistant Appellate Defender Las Cruces, NM for Appellant 23 MEMORANDUM OPINION FRY, Chief Judge.

25 Defendant appeals from a judgment and sentence on one count of forgery entered after Defendant filed a conditional guilty plea [RP 177], reserving the right to appeal the denial of his motion to dismiss the indictment. We issued a calendar notice proposing to reverse because the forgery charge should have been brought in a previous prosecution. The State has responded by informing us that it will not be filing a memorandum in opposition. We therefore reverse the district court.

5 IT IS SO ORDERED.

7 CYNTHIA A. FRY, Chief Judge WE CONCUR:

10 JONATHAN B. SUTIN, Judge

12 RODERICK T. KENNEDY, Judge