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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-41869 STATE OF NEW MEXICO, Plaintiff-Appellee, v. ARTHUR MARTINEZ, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY David P. Reeb, District Court Judge Raúl Torrez, Attorney General Felicity Strachan, Assistant Solicitor 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 ATTREP, Chief Judge. {1} Summary reversal was proposed for the reasons stated in the notice of proposed summary disposition. Appellee has filed a notice with this Court informing us that it will not be filing a memorandum in opposition. No memorandum opposing summary reversal has been filed. REVERSED. {2} IT IS SO ORDERED.

JENNIFER L. ATTREP, Chief Judge WE CONCUR: MEGAN P. DUFFY, Judge SHAMMARA H. HENDERSON, Judge