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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. No. 34,954 SIMON PETER GONZALES, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Cristina T. Jaramillo, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Steven Johnston, Assistant Attorney General Albuquerque, NM for Appellant Bennett J. Baur, Chief Public Defender Sergio Viscoli, Appellate Defender David Henderson, Assistant Appellate Defender Santa Fe, NM for Appellee 19 MEMORANDUM OPINION HANISEE Judge.

1 {1} The State appeals from the district court’s order dismissing the case without prejudice. This Court issued a second notice of proposed disposition, proposing summary reversal and remand. Defendant filed a memorandum in partial opposition, in which Defendant “concurs with the Court’s proposed ruling” and only “seeks clarification [on] the proposed remedy.” [MIO 1] Accordingly, for the reasons set forth in our notice of proposed disposition, we reverse the district court’s order dismissing the case and remand with instructions to the district court to afford the State a fair opportunity to respond to Defendant’s motion to dismiss before ruling on the motion.

10 {2} IT IS SO ORDERED.

12 J. MILES HANISEE, Judge WE CONCUR:

15 TIMOTHY L. GARCIA, Judge

17 M. MONICA ZAMORA, Judge