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STATE V. LODOZA

This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JESUS LODOZA,
Defendant-Appellant.

NO. 30,510

COURT OF APPEALS OF NEW MEXICO

December 29, 2010


APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY, Steven L. Bell, District Judge

COUNSEL

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee

Hugh W. Dangler, Chief Public Defender, Santa Fe, NM, for Appellant

JUDGES

CELIA FOY CASTILLO, Judge. WE CONCUR: RODERICK T. KENNEDY, Judge, ROBERT E. ROBLES, Judge

AUTHOR: CELIA FOY CASTILLO

MEMORANDUM OPINION

CASTILLO, Judge.

Defendant appeals the district court’s dismissal of his de novo appeal and the remand of his case to the magistrate court for imposition of the magistrate court’s original judgment and sentence. In this Court’s notice of proposed summary disposition, we proposed to reverse. The State has responded with a memorandum in which it concedes that reversal for the reasons stated in our notice is appropriate. Therefore, for the reasons stated in our notice of proposed summary disposition, we reverse.

IT IS SO ORDERED.

CELIA FOY CASTILLO, Judge

WE CONCUR:

RODERICK T. KENNEDY, Judge

ROBERT E. ROBLES, Judge

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