This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. NO. 35,719 JESUS DELATORRE, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Angie K. Schneider, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellant The Van Keulen Law Firm Jeffrey F. Van Keulen Alamogordo, NM for Appellee

16 MEMORANDUM OPINION WECHSLER, Judge.

1 {1} Summary reversal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary reversal has been filed and the time for doing so has expired.

4 {2} Accordingly, we reverse for the reasons stated in our calendar notice.

5 {3} IT IS SO ORDERED.

6 __________________________________ 7 JAMES J. WECHSLER, Judge

8 WE CONCUR:

9 _________________________________ MICHAEL E. VIGIL, Chief Judge

11 _________________________________ J. MILES HANISEE, Judge