This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 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.

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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 33,134 FRANCO LEE, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Karen L. Townsend, District Judge

9 Gary K. King, Attorney General Albuquerque, NM for Appellant Fortner & Curnutt, LLC Mark A. Curnutt Farmington, NM for Appellee

16 MEMORANDUM OPINION KENNEDY, Chief Judge.

1 {1} Summary reversal was proposed for the reasons stated in the calendar notice.

2 No memorandum opposing summary reversal has been filed, and the time for doing so has expired.

4 {2} REVERSED.

5 {3} IT IS SO ORDERED.

6 ____________________________________ 7 RODERICK T. KENNEDY, Chief Judge

8 WE CONCUR:

9 ________________________ LINDA M. VANZI, Judge

11 ________________________ J. MILES HANISEE, Judge