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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. 34,877 EARNEST FROLICK, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY John A. Dean Jr., District Judge Hector H. Balderas, Attorney General Maris Veidemanis, Assistant Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender Stephen Taylor, Assistant Public Defender Santa Fe, NM for Appellant 17 MEMORANDUM OPINION SUTIN, Judge.

1 {1} Defendant Earnest Frolick appeals from his conviction for one count of distribution of a controlled substance contrary to NMSA 1978, Section 30-31- 22(A)(2)(a) (2011). On appeal, Defendant contends that the district court erred in denying his request that the jury be instructed on objective entrapment. See UJI 14- 5161 NMRA. This Court issued a calendar notice proposing to agree with Defendant and proposing to reverse and remand for a new trial. [CN 6] The State has filed a response to this Court’s notice of proposed disposition informing this Court that, after due consideration, it will not be filing a memorandum in opposition to our notice.

9 Accordingly, for the reasons stated in this Court’s notice of proposed disposition, we reverse Defendant’s conviction and remand to the district court for a new trial.

11 {2} IT IS SO ORDERED.

12 __________________________________ 13 JONATHAN B. SUTIN, Judge

14 WE CONCUR:

15 _______________________________ JAMES J. WECHSLER, Judge

17 _______________________________ J. MILES HANISEE, Judge