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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 31,266 EVAN WINK, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Lisa C. Schultz, District Judge Gary K. King, Attorney General Nicole Beder, Assistant Attorney General Santa Fe, NM for Appellee Templeman & Crutchfield, PA C. Barry Crutchfield Lovington, NM for Appellant 22 MEMORANDUM OPINION BUSTAMANTE, Judge.

1 Defendant appeals the dismissal of his appeal from magistrate court to district court. In our second notice, we proposed to reverse the dismissal. The State has responded that it does not oppose our proposed reversal.

4 Therefore, for the reasons stated in our second notice, we reverse and remand to reinstate the appeal and permit defense counsel to set it for trial de novo.

6 IT IS SO ORDERED.

8 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

11 JONATHAN B. SUTIN, Judge

13 MICHAEL E. VIGIL, Judge