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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-39685 STATE OF NEW MEXICO, Plaintiff-Appellee, v. DAVID GARCIA, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SAN MIGUEL COUNTY Gerald E. Baca, District Judge Hector H. Balderas, Attorney General Santa Fe, NM John Kloss, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION BOGARDUS, Judge. {1} Following jury trial, Defendant appeals from the district court’s judgment and sentence convicting him of criminal sexual penetration of a child in the second degree.

We issued a notice of proposed summary disposition proposing to reverse and remand.

In response to our proposed disposition, the State filed a notice that it concurred with our proposed disposition and did not intend to file a memorandum in opposition.

Therefore, in the absence of opposition from either party and for the reasons outlined in our notice of proposed disposition, we reverse Defendant’s conviction and remand for further proceedings. {2} IT IS SO ORDERED.

KRISTINA BOGARDUS, Judge WE CONCUR: JENNIFER L. ATTREP, Judge MEGAN P. DUFFY, Judge