Court of Appeals of New Mexico

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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
DAMIAN ARENAS,
Defendant-Appellant.

NO. A-1-CA-36551

COURT OF APPEALS OF NEW MEXICO

January 24, 2018

APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Karen L. Townsend, District Judge

COUNSEL

Hector H. Balderas, Attorney General, Santa Fe, NM, for Appellee

Bennett J. Baur, Chief Public Defender, Santa Fe, NM, Steven J. Forsberg, Assistant Appellate Defender, Albuquerque, NM, for Appellant

JUDGES

MICHAEL E. VIGIL, Judge. WE CONCUR: JULIE J. VARGAS, Judge, STEPHEN G. FRENCH, Judge

AUTHOR: MICHAEL E. VIGIL

MEMORANDUM OPINION

VIGIL, Judge.

{1}       Defendant appeals from his conviction for felony DWI, entered pursuant to a conditional plea, wherein he reserved the right to appeal the district court’s denial of his motion to dismiss on speedy trial grounds. This Court issued a calendar notice proposing to affirm relying, in part, on State v. Hill, 2005-NMCA-143, ¶ 12, 138 N.M. 693, 125 P.2d 1175. Defendant has filed a memorandum in opposition requesting that this Court revisit our holding in Hill. However, given that our holding in Hill was premised on binding New Mexico Supreme Court precedent, we decline to revisit that holding. As a result, we conclude that Defendant has not demonstrated a speedy trial violation. Accordingly, we affirm.

IT IS SO ORDERED.

MICHAEL E. VIGIL, Judge

WE CONCUR:

JULIE J. VARGAS, Judge

STEPHEN G. FRENCH, Judge