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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 35,481 MATTHEW GONZALES, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Cristina Jaramillo, District Judge

9 Hector H. Balderas, Attorney General Santa Fe, NM Elizabeth Ashton, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant 17 MEMORANDUM OPINION WECHSLER, Judge.

2 {1} Defendant Matthew Gonzales appeals from the district court’s judgment, sentence, and commitment, filed on February 5, 2016. [RP 0082-85] This Court issued a notice of proposed disposition, proposing to reverse and remand for additional factfinding. The State filed a notice with this Court, stating that it does not intend to file a memorandum in opposition to this Court’s notice of proposed disposition, and it “does not object to this Court’s proposal to reverse the designation of the kidnapping conviction as a serious violent offense and remand for additional fact finding.” [Notice 1, Ct. App. File] Accordingly, and for the reasons stated in our notice of proposed disposition, we reverse and remand.

11 {2} IT IS SO ORDERED.

12 ________________________________ 13 JAMES J. WECHSLER, Judge

14 WE CONCUR:

15 ________________________________ TIMOTHY L. GARCIA, Judge

17 ________________________________ STEPHEN G. FRENCH, Judge