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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. 34,304 ROLAND WAYNE YOINGCO, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Steven L. Bell, District Judge

9 Hector H. Balderas, Attorney General Margaret E. McLean, Assistant Attorney General Joel Jacobsen, Assistant Attorney General Santa Fe, NM for Appellee Hennighausen & Olsen, L.L.P. Kenneth B. Wilson Jeff Grandjean Roswell, NM for Appellant 1 MEMORANDUM OPINION WECHSLER, Judge.

3 {1} Defendant Roland Yoingco appeals from his judgment and sentence, entered pursuant to a jury trial at which Defendant was found guilty of aggravated burglary, pursuant to NMSA 1978, Section 30-16-4 (1963). We issued a notice of proposed summary disposition, proposing to reverse and remand. The State has filed a response, indicating that it will not be filing a memorandum in opposition. Accordingly, for the reasons stated in our notice, we reverse Defendant’s conviction and remand for a new trial.

10 {2} IT IS SO ORDERED.

11 ________________________________ 12 JAMES J. WECHSLER, Judge

13 WE CONCUR:

14 ________________________________ MICHAEL E. VIGIL, Chief Judge

16 ________________________________ M. MONICA ZAMORA, Judge