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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. 34,128 BRENNAN SLADE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY Mark Terrence Sanchez, District Judge Hector H. Balderas, Attorney General Margaret E. McLean, Assistant Attorney General Joel Jacobsen, Assistant Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant

18 MEMORANDUM OPINION BUSTAMANTE, Judge.

2 {1} Defendant appeals from the judgment and sentence setting forth his convictions for the petty misdemeanor of concealing identity and for felony possession of a controlled substance. [RP 99] Our second calendar notice proposed (1) to affirm Defendant’s conviction for concealing identity, and (2) to reverse and remand for a new trial for Defendant’s possession of a controlled substance conviction based on the failure to instruct on the elements of the crime. In its response, the State provides that it will not be filing a memorandum in opposition.

9 {2} For the reasons detailed in our second notice, we affirm Defendant’s conviction for concealing identity, and reverse and remand for a new trial for Defendant’s conviction for possession of a controlled substance.

12 {3} IT IS SO ORDERED.

14 _______________________________________ 15 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

18 CYNTHIA A. FRY, Judge

20 J. MILES HANISEE, Judge