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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. 35,936 CHRISTOPHER SCHMITT, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Fernando R. Macias, 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 Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant 18 MEMORANDUM OPINION GARCIA, Judge.

20 {1} Defendant appeals from the district court’s judgment and sentence, convicting him for resisting, evading or obstructing an officer and sentencing him to probation, following a jury trial. We originally issued a notice of proposed summary affirmance, proposing to affirm Defendant’s conviction. Defendant filed a memorandum in opposition to our notice, by which we were not persuaded. We filed a memorandum opinion affirming the district court’s judgment and sentence. Defendant filed a motion for rehearing, arguing that this Court’s opinion in State v. Jimenez, 2017-NMCA-__, ¶¶ 24-41, __ P.3d __ (No. 34,375, Feb. 14, 2017), filed on the same day as the memorandum opinion in the current case, came to the opposite conclusion regarding the same statutory language in NMSA 1978, Section 30-22-1(B) (1981), and required reversal. We granted Defendant’s motion for rehearing and withdrew our memorandum opinion. We agreed with Defendant and issued a second calendar notice proposing to reverse Defendant’s conviction in light of Jiminez. The State has filed a notice indicating that it will not be filing a memorandum in opposition to our proposed summary reversal.

14 {2} For the reasons stated in our second notice of proposed summary disposition, we reverse Defendant’s conviction for resisting, evading or obstructing an officer.

16 {3} IT IS SO ORDERED.

17 ________________________________ 18 TIMOTHY L. GARCIA, Judge WE CONCUR: _______________________________ JAMES J. WECHSLER, Judge _______________________________ JONATHAN B. SUTIN, Judge