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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. A-1-CA-36577 FREDDIE LAMAR LITTON, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Cristina T. Jaramillo, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION VANZI, Chief Judge.

18 {1} Defendant has appealed from convictions for possession of a controlled substance, tampering with evidence, possession of drug paraphernalia, and resisting, evading, or obstructing an officer. Most recently, we issued a second notice of proposed summary disposition in which we proposed to reverse the conviction for possession of drug paraphernalia, and to affirm the other convictions.

4 {2} Defendant has filed a response with this Court indicating that he continues to oppose our proposed summary disposition with respect to the convictions for possession of a controlled substance, tampering with evidence, and resisting, evading, or obstructing an officer; however, he agrees with our proposed reversal of the conviction for possession of drug paraphernalia. The State has filed no responsive memorandum.

10 {3} Accordingly, for the reasons previously stated, we affirm in part and reverse in part.

12 {4} IT IS SO ORDERED.

13 __________________________________ 14 LINDA M. VANZI, Chief Judge WE CONCUR:

16 _________________________________ MICHAEL E. VIGIL, Judge

18 _________________________________ HENRY M. BOHNHOFF, Judge