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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. 35,368 GILBERTO VICENTE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY John A. Dean, Jr., District Judge Hector H. Balderas, Attorney General Santa Fe, NM Charles J. Gutierrez, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Sergio Viscoli, Director Santa Fe, NM for Appellant

18 MEMORANDUM OPINION BUSTAMANTE, Judge.

1 {1} Defendant has appealed from a conviction for trafficking a controlled substance, specifically and exclusively challenging the denial of a motion to suppress.

3 We previously issued a notice of proposed summary disposition, proposing to reverse.

4 The State has filed a response with this Court indicating that it does not oppose our proposed summary disposition.

6 {2} Accordingly, for the reasons previously stated, we reverse and remand for further proceedings.

8 {3} IT IS SO ORDERED.

9 _______________________________________ 10 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

13 RODERICK T. KENNEDY, Judge

15 M. MONICA ZAMORA, Judge