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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. 33,578 ABRAHAM PIEDRA, 6 Defendants-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Jerry H. Ritter, Jr., District Judge Gary K. King, Attorney General Santa Fe, NM Jacqueline R. Medina, Assistant Attorney General Albuquerque, NM for Appellee The Law Offices of the Public Defender Jorge A. Alvarado, Chief Public Defender Santa Fe, NM for Appellant 18 MEMORANDUM OPINION FRY, Judge.

20 {1} Defendant Abraham Piedra (“Piedra”) appeals the conviction and sentence entered in this case. This Court’s notice of proposed summary disposition proposed to reverse on the basis that the record does not support a conclusion that Piedra knowingly and intelligently waived his right to counsel before being permitted to represent himself at trial. [CN 4-5] In response, the State has filed a notice of its intent not to file a motion in opposition. We, therefore, reverse the judgment and sentence entered below and remand the case to the district court for new trial.

6 IT IS SO ORDERED.

8 CYNTHIA A. FRY, Judge WE CONCUR:

11 JAMES J. WECHSLER, Judge

13 MICHAEL D. BUSTAMANTE, Judge