AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was convicted for driving while under the influence of intoxicating liquor or drugs (DWI) by the metropolitan court. This conviction was subsequently affirmed by the district court following an on-record review.

Procedural History

• Metropolitan Court: Convicted the Defendant for DWI.
• District Court of Bernalillo County, Brett R. Loveless, District Judge: Affirmed the metropolitan court's conviction following an on-record review.

Parties' Submissions

• Appellant (Defendant): Filed a memorandum in opposition to the Court of Appeals' notice of proposed disposition, requesting the Court to adopt a standard from Illinois.
• Appellee (State): Argued for the affirmation of the Defendant's DWI conviction and supported the trial court's decision to allow the State to recall Officer Alvidrez before resting its case-in-chief.

Legal Issues

• Whether the trial court abused its discretion by allowing the State to recall Officer Alvidrez before the State had rested its case-in-chief.

Disposition

• The Court of Appeals affirmed the Defendant's DWI conviction.

Reasons

• Per LINDA M. VANZI, Judge (RODERICK T. KENNEDY, Chief Judge, and JAMES J. WECHSLER, Judge concurring):
  The Court proposed to affirm the trial court's decision, citing State v. McAdams as precedent for allowing the recall of a witness by the State before resting its case-in-chief (para 2).
  The Defendant's memorandum in opposition did not address the Court's reliance on McAdams but instead requested the adoption of a standard from Illinois, which the Court declined (paras 3-4).
  The Court remained unpersuaded by the Defendant's arguments and affirmed the conviction for reasons discussed in the opinion and the notice of proposed summary disposition (para 4).