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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-37981 STATE OF NEW MEXICO, Plaintiff-Appellee, v. TOMMY HERBURGER, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY T. Glenn Ellington, District Judge Hector H. Balderas, Attorney General Maris Veidemanis, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant MEMORANDUM OPINION HANISEE, Chief Judge. {1} Defendant appeals his convictions for aggravated assault with a deadly weapon (firearm) and shooting at or from a motor vehicle. This Court issued a notice of proposed disposition, proposing to summarily reverse and remand to the district court.

The State filed a response to our calendar notice, stating that it “will not be filing a memorandum in opposition[.]” Accordingly, and for the reasons stated in our notice of proposed disposition, we reverse and remand for further proceedings consistent with our calendar notice. {2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR: JENNIFER L. ATTREP, Judge BRIANA H. ZAMORA, Judge