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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-41656 STATE OF NEW MEXICO, Plaintiff-Appellee, v. WILLIAM BURKE, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF CATRON COUNTY Roscoe A. Woods, District Court Judge Raúl Torrez, Attorney General Santa Fe, NM Van Snow, Deputy Solicitor General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Bianca Ybarra, Assistant Appellate Defender Santa Fe, NM for Appellant MEMORANDUM OPINION ATTREP, Judge. {1} Summary affirmance in part and reversal in part was proposed for the reasons stated in the notice of proposed summary disposition. Appellant and Appellee have each filed a notice with this Court informing us that they will not be filing a memorandum in opposition. No memorandum opposing the proposed disposition has been filed, and the time for doing so has expired. Accordingly, we rely on the reasoning contained in our notice of proposed disposition. AFFIRMED IN PART AND REVERSED IN PART. {2} IT IS SO ORDERED.

JENNIFER L. ATTREP, Judge WE CONCUR: ZACHARY A. IVES, Judge KATHERINE A. WRAY, Judge