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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-37826 AMANDA ANDRADE, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Conrad Frederick Perea, District Judge Hector H. Balderas, Attorney General M. Anne Kelly, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant MEMORANDUM OPINION VANZI, Judge. {1} Defendant appeals from a district court order dismissing her de novo appeal from magistrate court. We issued a calendar notice proposing to reverse, because the district court failed to hold a show cause hearing before dismissal, which is required by Rule 5- 828(B) NMRA. The State has responded with a notice of non-filing of a memorandum in opposition because it concurs. Accordingly, we reverse the dismissal order and to remand for purposes of holding a show cause hearing. {2} IT IS SO ORDERED.

LINDA M. VANZI, Judge WE CONCUR: J. MILES HANISEE, Judge KRISTINA BOGARDUS, Judge