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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. 34,389 DUSTIN EAST, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Steven L. Bell, District Judge Hector H. Balderas, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellee Jorge A. Alvarado, Chief Public Defender Allison H. Jaramillo, Assistant Appellate Defender Santa Fe, NM for Appellant 18 MEMORANDUM OPINION GARCIA, Judge.

1 {1} Defendant is appealing from a district court order revoking his probation. We issued a second calendar notice continuing to propose to affirm on the sole issue raised in the docketing statement, relating to pre-sentence confinement credit. We granted Defendant’s motion amend the docketing statement to add a challenge to the length of parole imposed in the judgment, and we proposed to reverse on that issue.

6 Defendant has filed a notice indicating that he will not file a memorandum in opposition. [Ct. App. file at purple clip] The State has filed a response indicating that it agrees with our analysis on the parole issue. Accordingly, we reverse on the length of parole issue, and we affirm the appeal in all other respects.

10 IT IS SO ORDERED.

11 ________________________________ 12 TIMOTHY L. GARCIA, Judge WE CONCUR:

14 _______________________________ JONATHAN B. SUTIN, Judge

16 _______________________________ RODERICK T. KENNEDY, Judge