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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, 4 v. NO. 30,803 5 JOE BUSTAMANTE, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY 8 Teddy L. Hartley, District Judge 9 Gary K. King, Attorney General 10 Margaret McLean, Assistant Attorney General 11 Santa Fe, NM 12 for Appellee 13 Jacqueline L. Cooper, Chief Public Defender 14 Santa Fe, NM 15 for Appellant 16 MEMORANDUM OPINION 17 KENNEDY, Judge. 1 Summary reversal and remand for a new trial was proposed for the reasons 2 stated in the notice of proposed disposition filed on April 14, 2011. The State has 3 filed a response to the calendar notice, indicating that it agrees with this Court’s 4 proposed disposition to vacate Joe Bustamante’s (Defendant) conviction and remand 5 this case for a new trial because Defendant’s right to counsel was violated. 6 Accordingly, Defendant’s conviction is reversed, and the case is remanded to 7 the district court. 8 IT IS SO ORDERED. 9 _______________________________ 10 RODERICK T. KENNEDY, Judge 11 WE CONCUR: 12 ___________________________ 13 JAMES J. WECHSLER, Judge 14 ___________________________ 15 TIMOTHY L. GARCIA, Judge 2