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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-42424 STATE OF NEW MEXICO, Plaintiff-Appellee, v. RAUL G. RIVERA-PAYAN, Defendant-Appellant.

APPEAL FROM THE METROPOLITAN COURT OF BERNALLILO COUNTY Brittany Maldonado Malott, Metropolitan Judge Raúl Torrez, Attorney General Santa Fe, NM Kellie J. Garcia, Assistant Solicitor General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM Melanie C. McNett, Assistant Appellate Defender Albuquerque, NM for Appellant MEMORANDUM OPINION DUFFY, 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 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. REVERSED. {2} IT IS SO ORDERED.

MEGAN P. DUFFY, Judge WE CONCUR: J. MILES HANISEE, Judge JANE B. YOHALEM, Judge