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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. 31,671
5 AARON J. UPCHURCH,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
8 John A. Dean, District Judge
9 Gary K. King, Attorney General
10 M. Victoria Wilson, Assistant Attorney General
11 Santa Fe, NM
12 for Appellee
13 Jacqueline Cooper, Chief Public Defender
14 Adrianne R. Turner, Assistant Appellate Defender
15 Santa Fe, NM
16 for Appellant
17 MEMORANDUM OPINION
18 BUSTAMANTE, Judge.
1 Defendant-Appellant Aaron Upchurch (Defendant) has appealed his convictions
2 for larceny, burglary, conspiracy to commit larceny, and conspiracy to commit
3 burglary. On May 2, 2012, we issued a second notice of proposed summary
4 disposition, proposing to affirm in part and reverse in part. The State has filed a
5 response with this Court indicating that it does not oppose our analysis. Defendant
6 has also filed a memorandum in response in which he indicates that he substantially
7 agrees, while renewing his claim of ineffective assistance of counsel. With respect to
8 this claim, Defendant advances no new argument. We therefore remain unpersuaded.
9 Accordingly, for the reasons stated in the second notice of proposed summary
10 disposition, we affirm Defendant’s convictions for larceny, burglary, and conspiracy
11 to commit larceny. We reverse Defendant’s conviction for conspiracy to commit
12 burglary, as well as the habitual offender sentence enhancement, and remand for
13 further proceedings consistent herewith.
14 IT IS SO ORDERED.
15
16 MICHAEL D. BUSTAMANTE, Judge
17 WE CONCUR:
18
19 JAMES J. WECHSLER, Judge
2
1
2 RODERICK T. KENNEDY, Judge
3