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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. 35,739 JOHNIE BURNETTE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Marci Beyer, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Jane A. Bernstein, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Will O’Connell Assistant Appellate Defender Santa Fe, NM for Appellant 19 MEMORANDUM OPINION VANZI, Chief Judge.

1 {1} Following a guilty plea to aggravated driving while under the influence of intoxicating liquor or drugs (DWI), contrary to NMSA 1978, § 66-8-102(D)(1) (2016), and driving the wrong way (one-way roadway), contrary to NMSA 1978, § 66-7-316 (2003), [DS 2; RP 56] Defendant appealed from the judgment and sentence, arguing that one of the prior DWIs used for enhancement to a fourth DWI was invalid because the State did not establish that he was represented by counsel. We issued a first notice of proposed summary disposition proposing to affirm. In response, Defendant filed a memorandum in opposition. Upon consideration of Defendant’s arguments, we issued a second notice of proposed summary disposition proposing to reverse. The State has filed a timely response indicating that it will not be filing a memorandum in opposition. Accordingly, for the reasons set forth in our second notice of proposed summary disposition, we reverse.

13 {2} IT IS SO ORDERED.

14 __________________________________ 15 LINDA M. VANZI, Chief Judge WE CONCUR:

17 _________________________________ JONATHAN B. SUTIN, Judge

19 _________________________________ M. MONICA ZAMORA, Judge