Court of Appeals of New Mexico

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-39217

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

JOSHUA LOYD,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY
Matthew E. Chandler, District Judge

Hector H. Balderas, Attorney General

Laurie K. Blevins, Assistant Attorney General

Santa Fe, NM

for Appellee

Bennett J. Baur, Chief Public Defender

Mary Barket, Assistant Appellate Defender

Santa Fe, NM

for Appellant

MEMORANDUM OPINION

HANISEE, Chief Judge.

{1}       Defendant appeals from his possession of a controlled substance conviction set forth in the district court’s judgment and sentence. This Court entered a notice of proposed disposition, proposing to summarily affirm. Defendant filed a memorandum in opposition and motion to amend the docketing statement. We then entered a second notice of proposed disposition, proposing to summarily reverse Defendant’s conviction and order a new trial. Subsequently, the State filed with this Court a notice that it will not be filing a memorandum in opposition to this Court’s second notice of proposed disposition. Accordingly, for the reasons stated in our second notice of proposed disposition and herein, we reverse the district court’s judgment and sentence, vacate Defendant’s conviction of possession of a controlled substance, and remand to the district court for a new trial.

{2}       IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

KRISTINA BOGARDUS, Judge

JANE B. YOHALEM, Judge