State v. Romero

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1 2 3 4 5 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 STATE OF NEW MEXICO, 8 Plaintiff-Appellee, 9 v. 10 11 ROBERT ROMERO, 12 NO. 30,914 consolidated with NO. 30,992 Defendant-Appellant. 13 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 14 Charles W. Brown, District Judge 15 16 17 18 Gary K. King, Attorney General Santa Fe, NM M. Anne Kelly Albuquerque, NM 19 for Appellee 20 Raul A. Lopez 21 Albuquerque, NM 22 for Appellant 23 MEMORANDUM OPINION 24 WECHSLER, Judge. 25 Defendant appeals the revocation of his probation. In our notice, we proposed 1 to reverse and remand for a new hearing because evidence of drug test results was 2 admitted at the probation revocation hearing without a proper foundation. The State 3 has responded that it will not be filing a memorandum opposing our proposal. 4 Therefore, for the reasons stated in the calendar notice, we reverse and remand 5 for a new probation revocation hearing. 6 IT IS SO ORDERED. 7 8 9 WE CONCUR: _______________________________ JAMES J. WECHSLER, Judge 10 ______________________________ 11 LINDA M. VANZI, Judge 12 ______________________________ 13 J. MILES HANISEE, Judge 2