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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 30784 TIMOTHY J. MESCAL, 11 Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Thomas J. Hynes, District Judge Gary K. King, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellee Hugh W. Dangler, Chief Public Defender Santa Fe, NM Mark A. Curnutt, Assistant Public Defender Albuquerque, NM for Appellant 24 MEMORANDUM OPINION KENNEDY, Judge.

1 Defendant appeals his conviction for driving under the influence of intoxicating liquor (DUI). We issued a notice of proposed summary disposition proposing to reverse on the basis that the district court erred in allowing the arresting officer to give scientific evidence regarding Defendant’s blood alcohol content. The State has responded that it does not oppose reversal of Defendant’s conviction on this basis.

6 Accordingly, we reverse Defendant’s conviction. Because we reverse on this basis, we do not reach the other grounds for reversal discussed in our notice of proposed summary disposition.

9 IT IS SO ORDERED.

10 ___________________________________ 11 RODERICK T. KENNEDY, Judge WE CONCUR:

13 _________________________________ MICHAEL D. BUSTAMANTE, Judge

15 _________________________________ TIMOTHY L. GARCIA, Judge