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see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
7 STATE OF NEW MEXICO,
11 ROBERT ROMERO,
NO. 30,914 consolidated
with NO. 30,992
13 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
14 Charles W. Brown, District Judge
Gary K. King, Attorney General
Santa Fe, NM
M. Anne Kelly
19 for Appellee
20 Raul A. Lopez
21 Albuquerque, NM
22 for Appellant
24 WECHSLER, Judge.
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.
Therefore, for the reasons stated in the calendar notice, we reverse and remand
5 for a new probation revocation hearing.
IT IS SO ORDERED.
9 WE CONCUR:
JAMES J. WECHSLER, Judge
11 LINDA M. VANZI, Judge
13 J. MILES HANISEE, Judge