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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 30,713 RUSSELL REED, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY J. Richard Brown, District Judge Gary K. King, Attorney General Nicole Beder, Assistant Attorney General Santa Fe, NM for Appellee Hugh W. Dangler, Chief Public Defender Santa Fe, NM Nia Rucker, Assistant Public Defender Carlsbad, NM for Appellant 23 MEMORANDUM OPINION KENNEDY, Judge.

25 Defendant appeals his conviction for aggravated battery on a household member. We issued a notice of proposed summary disposition proposing summary reversal on a basis that the State offered insufficient evidence to establish victim was a “household member” within the meaning of NMSA 1978, Section 30-3-11(A) (2010). The State has responded that it does not oppose reversal of Defendant’s conviction on that basis.

6 Accordingly, we reverse Defendant’s conviction.

7 IT IS SO ORDERED.

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

11 ___________________________ JONATHAN B. SUTIN, Judge

13 ___________________________ TIMOTHY L. GARCIA, Judge