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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. 35,700 CODY RUIZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY Mark T. Sanchez, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Templeman and Crutchfield C. Barry Crutchfield Lovington, NM for Appellant 16 MEMORANDUM OPINION ZAMORA, Judge.

18 {1} Defendant Cody Ruiz appeals from his judgment and sentence, entered pursuant to a plea agreement, convicting him of two counts of homicide by vehicle. This Court proposed to reverse on the summary calendar. The State filed a pleading entitled “State’s Notice of Non-Filing a Memorandum in Opposition,” indicating its intent not to file a memorandum in opposition to this Court’s proposed disposition. Accordingly, for the reasons stated in the notice of proposed disposition, we reverse and remand to the district court for entry of an amended judgment and sentence removing the serious violent offenses designation.

7 IT IS SO ORDERED.

9 M. MONICA ZAMORA, Judge WE CONCUR:

12 JAMES J. WECHSLER, Judge

14 TIMOTHY L. GARCIA, Judge