Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Citations - New Mexico Appellate Reports
State v. Ibarra - cited by 252 documents
Decision Content
STATE V. TAFOYA
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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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.
STATE OF NEW MEXICO,
Plaintiff-Appellee,
vs.
RONNIE TAFOYA,
Defendant-Appellant.
No. 31,719
COURT OF APPEALS OF NEW MEXICO
March 29, 2012
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Thomas
J. Hynes, District Judge
COUNSEL
Gary K. King, Attorney General, Santa Fe, NM, for Appellee
Jacqueline L. Cooper, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Albuquerque, NM, for Appellant
JUDGES
TIMOTHY L. GARCIA, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, RODERICK T. KENNEDY, Judge
MEMORANDUM OPINION
GARCIA, Judge.
Defendant appeals his conviction for DWI. We proposed to affirm in two calendar notices. In response to our second notice, Defendant declares that a second memorandum in opposition will not be filed, but relies on facts and argument included in his memorandum in opposition to our first notice. We note that, “[a] party opposing summary disposition is required to come forward and specifically point out errors in fact and/or law.” State v. Ibarra, 116 N.M. 486, 489, 864 P.2d 302, 305 (Ct. App. 1993). In addition, even considering the arguments made in Defendant’s previous memorandum in opposition, we are not persuaded that affirmance is not the correct disposition in this case. Therefore, for the reasons discussed in our calendar notices, we affirm the judgment and sentence entered by the district court.
IT IS SO ORDERED.
TIMOTHY L. GARCIA, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
RODERICK T. KENNEDY, Judge