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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. No. 32,018 JONATHAN DAVID HERVOL, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY Gary M. Jeffreys, District Judge Gary K. King, Attorney General Aan M. Harvey, Assistant Attorney General Santa Fe, NM for Appellee Charles E. Knoblauch Albuquerque, NM for Appellant 16 MEMORANDUM OPINION FRY, Judge.

18 {1} Defendant appeals from the district court’s judgment and sentence revoking his probation. This Court issued a calendar notice proposing to summarily reverse Defendant’s probation revocation. The State has filed a response to this Court’s notice of proposed disposition, stating that it does not oppose this Court’s proposed disposition. Accordingly, for the reasons stated in this Court’s notice of proposed disposition, we reverse the district court’s judgment and sentence revoking Defendant’s probation.

7 {2} IT IS SO ORDERED.

9 CYNTHIA A. FRY, Judge WE CONCUR:

12 LINDA M. VANZI, Judge

14 M. MONICA ZAMORA, Judge