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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. 31,369 DVINA RAMIREZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Fernando R. Macias , District Judge Gary K. King, Attorney General Andrew S. Montgomery, Assistant Attorney General Santa Fe, NM for Appellee Jacqueline L. Cooper, Chief Public Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION WECHSLER, Judge.

18 Defendant is appealing from a district court order dismissing her appeal from magistrate court. We proposed to reverse because the district court granted the State’s motion to dismiss without giving Defendant sufficient time to respond to the motion. The State has filed a response indicating that it does not oppose our proposed disposition. We reverse and remand to the district court for further proceedings.

5 IT IS SO ORDERED.

6 ________________________________ 7 JAMES J. WECHSLER, Judge WE CONCUR:

9 __________________________________ CELIA FOY CASTILLO, Chief Judge

11 __________________________________ MICHAEL E. VIGIL, Judge