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1
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3

Plaintiff-Appellee,
4

v. NO. 31,423
5 KYLE MUELLER,
6

Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY
8 Steven L. Bell, District Judge
9 Gary K. King, Attorney General

10 Ralph E. Trujillo, Assistant Attorney General 11 Santa Fe, NM
12 for Appellee 13 Jacqueline L. Cooper, Chief Public Defender 14 Kathleen T. Baldridge, Assistant Appellate Defender 15 Santa Fe, NM
16 for Appellant 17
MEMORANDUM OPINION 18 FRY, Judge.
We issued a second notice, proposing to reverse the district court

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