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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. 35,747 CARLOS VELAZQUEZ, 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 Elizabeth Ashton, 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 VANZI, Chief Judge.

20 {1} Carlos Velazquez (Defendant) appeals from his conviction for criminal damage to the property of a household member under $1000. On appeal, Defendant argues that the district court erred in denying his motion for directed verdict. This Court issued a notice of proposed disposition, proposing to affirm Defendant’s conviction.

4 Defendant filed a memorandum in opposition in response to this Court’s proposed affirmance. This Court then issued a second notice of proposed disposition, proposing to reverse. Specifically, we noted that it appeared Defendant was charged with criminal damage to the property of a household member, pursuant to NMSA 1978, Section 30-3-18 (2009), but no evidence establishing that the property belonged to a household member was introduced and no instruction requiring the jury to determine whether the property belonged to a household member was given. In response the State has filed a notice of its intent not to file a memorandum in opposition to our second notice of proposed disposition.

13 {2} Accordingly, we rely on the reasoning contained in our second notice of proposed disposition and reverse Defendant’s conviction.

15 {3} IT IS SO ORDERED.

16 __________________________________ 17 LINDA M. VANZI, Chief Judge WE CONCUR:

19 _________________________________ TIMOTHY L. GARCIA, Judge

1 _________________________________ JULIE J. VARGAS, Judge