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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. 35,412 RAY DANIEL GALLEGOS, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Stan Whitaker, District Judge Hector H. Balderas, Attorney General Laura E. Horton, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Will O’Connell, Assistant Public Defender Santa Fe, NM for Appellant 17 MEMORANDUM OPINION VIGIL, Judge.

19 {1} Defendant appealed from a judgment and sentence. We issued a second calendar notice continuing to propose to affirm as to the issues initially raised in the docketing statement, but granting Defendant’s motion to amend and proposing to reverse as to the newly-raised issue, by which Defendant advanced a double jeopardy challenge.

5 {2} Defendant has filed a responsive memorandum in which no new facts, arguments, or authorities are presented. The State has filed a responsive document indicating that it does not oppose.

8 {3} Accordingly, for the reasons previously stated in the notices of proposed summary disposition, we reject the various issues and arguments initially advanced in the docketing statement. However, with respect to the double jeopardy challenge, we reverse and remand to the district court with instruction to vacate one of the convictions and re-sentence Defendant accordingly.

13 {4} IT IS SO ORDERED.

14 __________________________________ 15 MICHAEL E. VIGIL, Judge

16 WE CONCUR:

17 ___________________________ LINDA M. VANZI, Chief Judge

1 ___________________________ JAMES J. WECHSLER, Judge