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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, Plaintiff-Appellee, v. No. A-1-CA-37606 FRANK J. STRATFORD, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Steven Blankenship, District Judge Hector H. Balderas, Attorney General Eran Shemuel Sharon, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender John Charles Bennett, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION VANZI, Judge. {1} In response to this Court’s notice of proposed disposition, Defendant filed a memorandum in opposition and motion to amend the docketing statement. We issued a second notice granting Defendant’s motion to amend to consider the issue of whether Defendant’s double jeopardy rights were violated. [CN 4-5] We proposed to conclude that the evidence was sufficient to support two convictions for aggravated assault—a count for each victim—but proposed to conclude that the evidence was insufficient to support a third conviction for negligent use of a deadly weapon based on the same conduct. [Id.] Accordingly, we proposed to reverse on the basis that Defendant’s double jeopardy rights were violated. The State has filed a response informing this Court that it will not be filing a memorandum in opposition to the second calendar notice. We therefore reverse and remand to the district court for proceedings consistent with our second calendar notice. {2} IT IS SO ORDERED.

LINDA M. VANZI, Judge WE CONCUR: J. MILES HANISEE, Judge MEGAN P. DUFFY, Judge