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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. 36,126 PHILBERT VANWINKLE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Karen L. Townsend, District Judge Hector H. Balderas, Attorney General Maris Veidemanis, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION ZAMORA, Judge.

1 {1} Defendant Philbert Vanwinkle appeals from his convictions for aggravated burglary and tampering with evidence following the denial of his motion to suppress evidence and his entry of a conditional guilty plea. [DS 2; RP 48, 51, 67, 79] This Court issued a notice proposing to summarily reverse. [CN 1, 2, 8] The State has filed a response informing this Court it does not intend to file a memorandum in opposition to this Court’s notice of proposed disposition. 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 _________________________________ TIMOTHY L. GARCIA, Judge

14 _________________________________ J. MILES HANISEE, Judge