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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 30,803 JOE BUSTAMANTE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY Teddy L. Hartley, District Judge

9 Gary K. King, Attorney General Margaret McLean, Assistant Attorney General Santa Fe, NM for Appellee Jacqueline L. Cooper, Chief Public Defender Santa Fe, NM for Appellant

16 MEMORANDUM OPINION KENNEDY, Judge.

1 Summary reversal and remand for a new trial was proposed for the reasons stated in the notice of proposed disposition filed on April 14, 2011. The State has filed a response to the calendar notice, indicating that it agrees with this Court’s proposed disposition to vacate Joe Bustamante’s (Defendant) conviction and remand this case for a new trial because Defendant’s right to counsel was violated.

6 Accordingly, Defendant’s conviction is reversed, and the case is remanded to the district court.

8 IT IS SO ORDERED.

9 _______________________________ 10 RODERICK T. KENNEDY, Judge

11 WE CONCUR:

12 ___________________________ JAMES J. WECHSLER, Judge

14 ___________________________ TIMOTHY L. GARCIA, Judge