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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38472 STATE OF NEW MEXICO, Plaintiff-Appellee, v. JOHNATHON J. MARTINEZ, a/k/a JONATHON J. MARTINEZ, a/k/a JONATHAN MARTINEZ, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF QUAY COUNTY Albert J. Mitchell, Jr., District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Kimberly M. Chavez Cook, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION VARGAS, Judge. {1} Defendant appeals the revocation of his probation. We issued a notice of proposed summary disposition proposing to reverse in part and affirm in part. Both the State and Defendant have filed responses indicating that they do not oppose our proposed summary disposition of the issues. {2} Accordingly, for the reasons set out in our notice of proposed summary disposition, we reverse the revocation of Defendant’s probation and remand this case to the district court for further proceedings. {3} IT IS SO ORDERED.

JULIE J. VARGAS, Judge WE CONCUR: JENNIFER L. ATTREP, Judge ZACHARY A. IVES, Judge