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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 31,082 GILBERT FLOREZ, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Lisa C. Schultz, District Judge Gary King, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellee Jacqueline L. Cooper, Acting Chief Public Defender Santa Fe, NM for Appellant 22 MEMORANDUM OPINION VANZI, Judge.

1 Defendant appeals the dismissal of his de novo appeal in the district court. We issued a notice of proposed summary disposition, in which we proposed to reverse the dismissal. The State has filed a notice that it does not intend to oppose summary reversal. Accordingly, for the reasons stated in our notice of proposed summary disposition, we reverse and remand for further proceedings in the district court.

6 IT IS SO ORDERED.

7 __________________________________ 8 LINDA M. VANZI, Judge WE CONCUR:

10 _________________________________ CELIA FOY CASTILLO, Chief Judge

12 _________________________________ JAMES J. WECHSLER, Judge