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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-40841

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

RAYMON BURCIAGA,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY
Richard M. Jacquez, District Court Judge

Raúl Torrez, Attorney General

Benjamin L. Lammons, Assistant Attorney 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

DUFFY, Judge.

{1}       Defendant appeals an order of the district court determining that he was a fugitive and could therefore be denied credit for time served on probation. This Court issued a notice of proposed disposition, proposing to reverse the district court. The State has filed a timely notice of intent not to file a memorandum in opposition. Accordingly, for the reasons stated in our notice of proposed disposition, we reverse the district court.

{2}       IT IS SO ORDERED.

MEGAN P. DUFFY, Judge

WE CONCUR:

SHAMMARA H. HENDERSON, Judge

JANE B. YOHALEM, Judge

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