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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-40841 STATE OF NEW MEXICO, Plaintiff-Appellee, v. RAYMON BURCIAGA, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Richard M. Jacquez, District Court Judge Raúl Torrez, Attorney General Benjamin L. Lammons, Assistant Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION DUFFY, Judge. {1} Defendant appeals an order of the district court determining that he was a fugitive and could therefore be denied credit for time served on probation. This Court issued a notice of proposed disposition, proposing to reverse the district court. The State has filed a timely notice of intent not to file a memorandum in opposition.

Accordingly, for the reasons stated in our notice of proposed disposition, we reverse the district court. {2} IT IS SO ORDERED.

MEGAN P. DUFFY, Judge WE CONCUR: SHAMMARA H. HENDERSON, Judge JANE B. YOHALEM, Judge