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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-41598 STATE OF NEW MEXICO, Plaintiff-Appellee, v. JACOB A. MARTINEZ, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY Drew D. Tatum, District Court Judge Raúl Torrez, Attorney General Santa Fe, NM for Appellee Law Offices of Blake J. Dugger, P.C.

Blaker J. Dugger Hobbs, NM for Appellant MEMORANDUM OPINION DUFFY, Judge. {1} Summary affirmance, in part, and summary reversal, in part, was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance, in part, and summary reversal, in part, has been filed and the time for doing so has expired. AFFIRMED, IN PART, REVERSED, IN PART. {2} IT IS SO ORDERED.

MEGAN P. DUFFY, Judge WE CONCUR: JENNIFER L. ATTREP, Chief Judge ZACHARY A. IVES, Judge