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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. 36,334 CHARLES TOWN, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Angie K. Schneider, District Judge Hector H. Balderas, Attorney General Santa Fe, NM Charles J. Gutierrez, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Will O’Connell, Assistant Appellate Defender Santa Fe, NM for Appellant 18 MEMORANDUM OPINION GARCIA, Judge.

20 {1} Defendant has appealed from a conviction for aggravated battery. We previously issued a notice of proposed summary disposition in which we proposed to reject Defendant’s challenge to the sufficiency of the evidence, but to reverse in light of an apparent evidentiary error. Defendant has filed a memorandum in support, and the State has filed a memorandum indicating that it does not oppose.

5 {2} Accordingly, for the reasons previously stated, we reverse and remand for further proceedings.

7 {3} IT IS SO ORDERED.

8 ________________________________ 9 TIMOTHY L. GARCIA, Judge WE CONCUR:

11 _______________________________ LINDA M. VANZI, Chief Judge

13 _______________________________ HENRY M. BOHNHOFF, Judge