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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-39217 STATE OF NEW MEXICO, Plaintiff-Appellee, v. JOSHUA LOYD, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Matthew E. Chandler, District Judge Hector H. Balderas, Attorney General Laurie K. Blevins, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Mary Barket, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION HANISEE, Chief Judge. {1} Defendant appeals from his possession of a controlled substance conviction set forth in the district court’s judgment and sentence. This Court entered a notice of proposed disposition, proposing to summarily affirm. Defendant filed a memorandum in opposition and motion to amend the docketing statement. We then entered a second notice of proposed disposition, proposing to summarily reverse Defendant’s conviction and order a new trial. Subsequently, the State filed with this Court a notice that it will not be filing a memorandum in opposition to this Court’s second notice of proposed disposition. Accordingly, for the reasons stated in our second notice of proposed disposition and herein, we reverse the district court’s judgment and sentence, vacate Defendant’s conviction of possession of a controlled substance, and remand to the district court for a new trial. {2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR: KRISTINA BOGARDUS, Judge JANE B. YOHALEM, Judge