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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-36063

5 CHRISTOPHER FROST, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY William G.W. Shoobridge, District Judge Hector H. Balderas, Attorney General Marko D. Hananel Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Mary Barket, Assistant Appellate Defender Santa Fe, NM for Appellant 17 MEMORANDUM OPINION HANISEE, Judge.

1 {1} Defendant appeals his convictions for possession of a controlled substance and tampering with evidence. We issued a second notice of proposed disposition proposing to reverse. In response, the State has filed a notice indicating it will not be filing a memorandum in opposition to the proposed reversal. Therefore, we reverse for the reasons stated in the second notice of proposed summary disposition.

6 {2} IT IS SO ORDERED.

7 __________________________ 8 J. MILES HANISEE, Judge

9 WE CONCUR:

11 LINDA M. VANZI, Chief Judge

13 HENRY M. BOHNHOFF, Judge