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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. 32,002 ERNESTO SOTO-TAVISON, 6 Defendant, and DANIEL GOLDBERG, d/b/a GOODFELLAS BAIL BONDS, 10 Surety-Appellant.

11 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY Mark Terrence Sanchez, District Judge

13 Gary K. King, Attorney General Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Acting Chief Public Defender Larry K. Bishop, Assistant Public Defender Hobbs, NM for Defendant Daniel Goldberg Farmington, NM Pro Se Surety-Appellant

5 MEMORANDUM OPINION KENNEDY, Chief Judge.

7 {1} Daniel Goldberg, d/b/a Goodfellas Bail Bonds (Surety) appeals pro se from the district court’s amended judgment of default of conditions on bond, claiming that the district court abused its discretion in requiring Surety to pay $2,000 of a $3,000 bond when Defendant did not appear at the scheduled arraignment. We issued a notice of proposed summary disposition proposing to reverse in light of the clear language set forth in NMSA 1978, Section 31-3-2(F) (1993). Surety filed a timely memorandum in support of our proposed disposition, and the State filed a notice indicating that it will not file a response in opposition.

15 {2} Therefore, for the reasons set forth in our notice of proposed summary disposition, we reverse the district court’s order.

17 {3} IT IS SO ORDERED.

18 ____________________________________ 1 RODERICK T. KENNEDY, Chief Judge

2 WE CONCUR:

3 _________________________________ MICHAEL D. BUSTAMANTE, Judge

5 _________________________________ JONATHAN B. SUTIN, Judge