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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. 35,167 ERVEY RODRIGUEZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY Lisa B. Riley, District Judge Hector H. Balderas, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Becca Salwin, Assistant Appellate Defender Santa Fe, NM for Appellant 18 MEMORANDUM OPINION SUTIN, Judge.

1 {1} Defendant has appealed from a number of convictions. We recently issued a second notice of proposed summary disposition in which we proposed to affirm in part and reverse in part. Specifically, we proposed to reject Defendant’s challenge to the sufficiency of the evidence, but proposed to vacate the sentence and remand for a new sentencing hearing. Defendant has filed a response that confirms his reliance upon the arguments set forth in his first memorandum in opposition. The State has filed a response indicating that it does not oppose our proposed summary disposition.

8 {2} Accordingly, for the reasons previously stated, we affirm Defendant’s convictions, but vacate the sentence and remand for further proceedings.

10 {3} IT IS SO ORDERED.

11 __________________________________ 12 JONATHAN B. SUTIN, Judge

13 WE CONCUR:

14 _______________________________ JAMES J. WECHSLER, Judge

16 _______________________________ M. MONICA ZAMORA, Judge