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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 30,914 consolidated 10 with NO. 30,992 ROBERT ROMERO, 12 Defendant-Appellant.

13 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Charles W. Brown, District Judge Gary K. King, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellee Jacqueline L. Cooper, Acting Chief Public Defender Santa Fe, NM for Appellant 23 MEMORANDUM OPINION WECHSLER, Judge.

25 Defendant appeals the revocation of his probation. In our notice, we proposed to reverse and remand for a new hearing because evidence of drug test results was admitted at the probation revocation hearing without a proper foundation. The State has responded that it will not be filing a memorandum opposing our proposal.

4 Therefore, for the reasons stated in the calendar notice, we reverse and remand for a new probation revocation hearing.

6 IT IS SO ORDERED.

7 _______________________________ 8 JAMES J. WECHSLER, Judge WE CONCUR:

10 ______________________________ LINDA M. VANZI, Judge

12 ______________________________ J. MILES HANISEE, Judge