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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40072 STATE OF NEW MEXICO, Plaintiff-Appellee, v. BEVERLY MELENDEZ, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Mary Marlowe Sommer, District Court Judge Raúl Torrez, 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 IVES, Judge. {1} Defendant appeals her convictions for second degree murder and negligent use of a weapon. [CN 1] In our notice of proposed disposition, we proposed to reverse Defendant’s convictions because the detective in this case failed to honor Defendant’s unequivocal request for counsel. [CN 4, 6] The State has responded to this Court’s notice of proposed disposition, stating that it does not oppose the Court’s proposed resolution in this case. [Rsp. 1] Accordingly, for the reasons stated in our notice of proposed disposition and herein, we reverse Defendant’s convictions and remand this case to the district court for further proceedings. {2} IT IS SO ORDERED.

ZACHARY A. IVES, Judge WE CONCUR: J. MILES HANISEE, Judge JANE B. YOHALEM, Judge