Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,517 documents
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STATE V. MESCAL
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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
TIMOTHY J. MESCAL,
Defendant-Appellant.
NO. 30,784
COURT OF APPEALS OF NEW MEXICO
February 18, 2011
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Thomas
J. Hynes, District Judge
COUNSEL
Gary K. King, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellee
Hugh W. Dangler, Chief Public Defender, Santa Fe, NM, Mark A. Curnutt, Assistant Public Defender, Albuquerque, NM, for Appellant
JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, TIMOTHY L. GARCIA, Judge.
AUTHOR:
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.
RODERICK T. KENNEDY, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
TIMOTHY L. GARCIA, Judge