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STATE v. ROJAS, 162. (2016)

Court: Court of Appeals of New Mexico Number: innmco20160815215
Filed: Jul. 27, 2016
Latest Update: Jul. 27, 2016
Summary: MEMORANDUM OPINION BUSTAMANTE , Judge . This memorandum opinion was not selected for publication 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. {1} Defendant appeals from a district court on-
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MEMORANDUM OPINION

This memorandum opinion was not selected for publication 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.

{1} Defendant appeals from a district court on-the-record opinion affirming her metropolitan court conviction for Driving While Intoxicated. We issued a calendar notice proposing to affirm. Defendant has filed a memorandum in opposition, in which she concedes that our calendar notice contained no factual or legal errors. In addition Defendant concedes that this Court does not have the power to revisit or change the Supreme Court case law that control the outcome in this case. Accordingly, we affirm. See State v. Ibarra, 1993-NMCA-040, ¶ 11, 116 N.M. 486, 864 P.2d 302 ("A party opposing summary disposition is required to come forward and specifically point out errors in fact and/or law.").

{2} IT IS SO ORDERED.

RODERICK T. KENNEDY, Judge and LINDA M. VANZI, Judge, concurs.

Source:  Leagle

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