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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. 34,057 CHRISTOPHER FRANKLIN, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY William G. Shoobridge, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Kenneth H. Stalter, Assistant Attorney General Albuquerque, NM for Appellee Jorge A. Alvarado, Chief Public Defender B. Douglas Wood III, Assistant Appellate Defender Santa Fe, NM for Appellant 18 MEMORANDUM OPINION GARCIA, Judge.

1 {1} Defendant appeals following entry of the “order revoking probation and imposing judgment and sentence.” [RP 173, 175] Defendant specifically appeals from the district court’s ruling that denies his post-judgment challenge to the sentence for untimeliness. [RP 182] Our notice proposed to reverse and remand, on the basis that Defendant’s December 18, 2013, motion to amend the judgment and sentence (motion) [RP 179] was a timely and outstanding Rule 5-801(B) NMRA motion that the district court failed to consider on its merits. The State has notified this Court that it does not oppose our notice.

9 {2} For the reasons provided in our notice, we reverse and remand for consideration of the merits of Defendant’s outstanding motion.

11 {3} IT IS SO ORDERED.

12 ________________________________ 13 TIMOTHY L. GARCIA, Judge

14 WE CONCUR:

15 _______________________________ MICHAEL E. VIGIL, Chief Judge

17 _______________________________ JONATHAN B. SUTIN, Judge