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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. 34,128
5 BRENNAN SLADE,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF LEA COUNTY
8 Mark Terrence Sanchez, District Judge
9 Hector H. Balderas, Attorney General
10 Margaret E. McLean, Assistant Attorney General
11 Joel Jacobsen, Assistant Attorney General
12 Santa Fe, NM
13 for Appellee
14 Jorge A. Alvarado, Chief Public Defender
15 Kathleen T. Baldridge, Assistant Appellate Defender
16 Santa Fe, NM
17 for Appellant
18 MEMORANDUM OPINION
1 BUSTAMANTE, Judge.
2 {1} Defendant appeals from the judgment and sentence setting forth his convictions
3 for the petty misdemeanor of concealing identity and for felony possession of a
4 controlled substance. [RP 99] Our second calendar notice proposed (1) to affirm
5 Defendant’s conviction for concealing identity, and (2) to reverse and remand for a
6 new trial for Defendant’s possession of a controlled substance conviction based on the
7 failure to instruct on the elements of the crime. In its response, the State provides that
8 it will not be filing a memorandum in opposition.
9 {2} For the reasons detailed in our second notice, we affirm Defendant’s conviction
10 for concealing identity, and reverse and remand for a new trial for Defendant’s
11 conviction for possession of a controlled substance.
12 {3} IT IS SO ORDERED.
13
14 _______________________________________
15 MICHAEL D. BUSTAMANTE, Judge
16 WE CONCUR:
17
18 CYNTHIA A. FRY, Judge
19
20 J. MILES HANISEE, Judge
2