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 aggravated driving under the influence of intoxicating liquor or drugs (DWI). The conviction was based on evidence including the Defendant's traffic violation, failure to pull over immediately for a law enforcement officer, observable signs of impairment, and refusal to submit to field sobriety and chemical tests. The Defendant argued that he was not the driver at the time the law enforcement officer initiated the stop, claiming that he and his brother, who was actually driving, switched seats because the brother had active warrants.
Procedural History
- Appeal from the District Court of Bernalillo County, Louis P. McDonald, District Judge.
Parties' Submissions
- Defendant-Appellant: Contended insufficient evidence to support the DWI conviction, specifically arguing no rational fact-finder could find beyond a reasonable doubt that he was driving/operating the car at the time of the stop. Asserted that he and his brother testified they switched seats due to the brother's active warrants, and that the brother was driving when the deputy initiated the stop (paras 4-5).
- Plaintiff-Appellee (State of New Mexico): Argued that the evidence, including the Defendant's traffic violation, observable signs of impairment, and refusal to submit to tests, was sufficient to support the conviction. Highlighted the deputy's testimony that he saw the Defendant driving as direct evidence of operation (paras 2-3, 7).
Legal Issues
- Whether there was sufficient evidence to support the Defendant's conviction for aggravated DWI.
- Whether the Defendant's argument that he was not driving at the time of the law enforcement stop is credible and sufficient to overturn the conviction.
Disposition
- The Court of Appeals affirmed the Defendant's conviction for aggravated DWI.
Reasons
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Per M. Monica Zamora, with Jonathan B. Sutin and J. Miles Hanisee concurring, the court found the evidence presented at trial, including the Defendant's behavior, observable signs of impairment, and refusal to submit to sobriety tests, sufficient to support the conviction. The court rejected the Defendant's argument that no rational trier of fact could have found him guilty beyond a reasonable doubt of operating the vehicle, emphasizing the jury's role in weighing evidence and determining credibility. The court noted that the Defendant's request for the appellate court to reweigh evidence and credibility was outside its purview. The court also addressed the Defendant's argument regarding the sufficiency of evidence for actual physical control, stating that direct testimony of driving, as provided by the deputy, was sufficient for conviction without needing to prove actual physical control through other means (paras 1-8).
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