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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-37946 STATE OF NEW MEXICO, Plaintiff-Appellee, v. XAVIER LOVING, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Fred T. Van Soelen, District Judge Hector H. Balderas, Attorney General Santa Fe, NM M. Victoria Wilson, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Will O’Connell, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION ZAMORA, Chief Judge. {1} Defendant appeals from his convictions for shooting at a dwelling or occupied structure, aggravated assault with a firearm, and felon in possession of a firearm. This Court’s second notice proposed to reverse Defendant’s conviction for shooting at a dwelling, and to affirm the remaining convictions. Defendant filed a memorandum in partial opposition, and the State filed a notice of intent not to file a memorandum in opposition, to the proposed disposition. Relying on the facts, authorities, and arguments in the docketing statement, Defendant continues to oppose affirmance of his convictions for aggravated assault with a firearm and felon in possession of a firearm. [MIO 1] Defendant’s memorandum in opposition does not, however, raise any new arguments or authority to persuade this Court that reversal is warranted. Thus, for the reasons stated in our second notice of proposed disposition, we reverse Defendant’s conviction for shooting at a dwelling and affirm the remaining convictions. {2} IT IS SO ORDERED.

M. MONICA ZAMORA, Chief Judge WE CONCUR: LINDA M. VANZI, Judge MEGAN P. DUFFY, Judge