This memorandum opinion was not selected for pub lication in the New Mexico Appellate 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 1 STATE OF NEW MEXICO, 2 Plaintiff-Appellee, 3 vs. No. 34,817 4 FIDEL ARAGON, 5 Defendant-Appellant. 6 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 7 Michael E. Martinez, District Judge 8 Hector H. Balderas, Attorney General 9 Santa Fe, NM 10 for Appellee 11 Jorge A. Alvarado, Chief Public Defender 12 Kathleen T. Baldridge, Assistant Appellate Defender 13 Santa Fe, NM 14 for Appellant 15 MEMORANDUM OPINION 16 HANISEE, Judge. 17 {1} Defendant appeals from a district court order revoking his probation. We issued 18 a calendar notice proposing to affirm. Defendant has res ponded with a timely 192 memorandum in opposition. We affirm. 1 {2} Defendant continues to challenge the sufficiency of the evidence to support the 2 revocation of his probation. [M IO 4] “In a probation revocation proceeding, the [s]tate 3 bears the burden of establishing a probation violation with a reasonable certainty.” See 4 State v. Leon , 2013-NMCA-011, ¶ 36, 292 P.3d 493. “T o establish a violation of a 5 probation agreement, the obligation is on the [s]tate to prove willful conduct on the 6 part of the probationer soas to satisfy the app licable burden of proof.” In Re Bruno 7 R ., 2003-NMCA-057, ¶ 11, 133 N.M. 566, 66 P.3d 339; see also State v. Martinez , 8 1989-NMCA-036, ¶ 8, 108 N.M. 604, 775 P.2d 1321 (explaining that probation 9 should not be revoked where the violation is not willful, in that it resulted from factors 10 beyond a probationer’s control). 11 {3} The district court found that Defendantviolated two conditions of probation. 12 [RP 127]. Condition No. 1 required Defendant to comply with all laws, and not to 13 endanger another person. [RP 112] Our cal endar notice relied on the record, which 14 indicated that Defendant was involved in an incident of domestic violence. [RP 112] 15 In his memorandum in opposition, Defendant informs us that a woman testified 16 concerning this incident. [MIO2] She testified that sh e and Defendant were living 17 together at the time, and that Defendant physically attackedher. [MIO 2-3] There was 18 also testimony that Police responded to th e residence, and that Defendant was 193 subsequently charged with battery against a household member. [MIO 3] Based on 1 this evidence, we believe that there was sufficient evidence presented under the 2 aforementioned “reasonably certainty” standard. 3 {4} Condition No. 3 of probation required Defendant to get permission from his 4 probation officer before he changed his resi dence. The record indicates that Defendant 5 left his residence shortly after the domes tic violence incident, before the police 6 arrived, and two days later was found by police at a new apartment. [RP 112] 7 Defendant argues that there was no evidence th at he was now living at this apartment. 8 [MIO 5] However, the evidence supports a reasonable inference that Defendant had 9 fled the residence on file with the probati on officer. In light of the domestic violence 10 incident and the flight, a factfinder could in fer that the residen ce he had shared with 11 his girlfriend was no longer his residence. In other words, the change of address 12 notification provision enco mpasses a situation where a probationer is no longer 13 residing at the specified residence, and the State does not have to prove that a 14 different, permanent residence had been substituted. 15 {5} For the reasons set forth above, we affirm. 16 {6} IT IS SO ORDERED. 17

_____________________________ 18 J. MILES HANISEE, Judge 194 WE CONCUR: 1

__________________________________ 2 RODERICK T. KENNEDY Judge 3

__________________________________ 4 M. MONICA ZAMORA, Judge 5