STATE v. MESCAL, 30784. (2011)
Court: Court of Appeals of New Mexico
Number: innmco20110314333
Visitors: 11
Filed: Feb. 18, 2011
Latest Update: Feb. 18, 2011
Summary: This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. MEMORANDUM OPINION KENNEDY, Judge. Defendant appeals his conviction for driving under the influence
Summary: This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. MEMORANDUM OPINION KENNEDY, Judge. Defendant appeals his conviction for driving under the influence o..
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This memorandum opinion was not selected for publication in the New Mexico 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
MEMORANDUM OPINION
KENNEDY, Judge.
Defendant appeals his conviction for driving under the influence of intoxicating liquor (DUI). We issued a notice of proposed summary disposition proposing to reverse on the basis that the district court erred in allowing the arresting officer to give scientific evidence regarding Defendant's blood alcohol content. The State has responded that it does not oppose reversal of Defendant's conviction on this basis.
Accordingly, we reverse Defendant's conviction. Because we reverse on this basis, we do not reach the other grounds for reversal discussed in our notice of proposed summary disposition.
IT IS SO ORDERED.
MICHAEL D. BUSTAMANTE, and TIMOTHY L. GARCIA, Judges, Concur.
Source: Leagle
