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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 35,992 DAVID WILLIE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY John A. Dean Jr., District Judge Hector H. Balderas, Attorney General Santa Fe, NM M. Victoria Wilson, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant 17 MEMORANDUM OPINION ZAMORA, Judge.

1 {1} Defendant David Willie appeals from his conviction for driving while under the influence of intoxicating liquor and/or drugs following denial of his motion to suppress and entry of a conditional no contest plea. [RP 72, 63, 61, 55] This Court issued a notice proposing to summarily reverse. [CN 1, 5] The State filed a memorandum in response indicating it does not oppose this Court’s proposed reversal.

6 Therefore, based on the reasons set forth in this Court’s notice of proposed disposition, we reverse.

8 {2} IT IS SO ORDERED.

9 _______________________________ 10 M. MONICA ZAMORA, Judge

11 WE CONCUR:

12 _________________________________ MICHAEL E. VIGIL, Judge

14 _________________________________ J. MILES HANISEE, Judge