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, Lionel Rockymore, entered a conditional no contest plea to charges of driving while under the influence of intoxicating liquor (DWI), first offense, along with no seat belt and expired registration violations (para 1).

Procedural History

• Appeal from the District Court of Bernalillo County, Brett Lovelace, District Judge: Affirmance of the metropolitan court’s sentencing order following Defendant's conditional no contest plea to DWI, first offense; no seat belt; and expired registration (para 1).

Parties' Submissions

• Defendant-Appellant: Argued the same facts and raised the same arguments in his memorandum in opposition that he had previously made in his docketing statement (para 2).
• Plaintiff-Appellee (State of New Mexico): [Not applicable or not found]

Legal Issues

• Whether the repetition of arguments previously made in the docketing statement fulfills the requirement to specifically point out errors of law and fact in response to a summary calendar notice (para 2).

Disposition

• The Court of Appeals affirmed the district court’s affirmance of the metropolitan court’s sentencing order (para 3).

Reasons

• Per James J. Wechsler, with Linda M. Vanzi and J. Miles Hanisee concurring, the Court remained unpersuaded by the Defendant's arguments, noting that a party responding to a summary calendar notice must specifically point out errors of law and fact rather than merely repeating earlier arguments. The Court adopted the district court’s memorandum opinion, emphasizing the burden on the party opposing the proposed disposition to clearly point out errors in fact or law (paras 1-3).