Court of Appeals of New Mexico

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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
ASHLEY OTERO,
Defendant-Appellant.

Docket No. A-1-CA-37620

COURT OF APPEALS OF NEW MEXICO

April 25, 2019

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Briana H. Zamora, District Judge

COUNSEL

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

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

JUDGES

LINDA M. VANZI, Judge. WE CONCUR:  JULIE J. VARGAS, Judge, JACQUELINE R. MEDINA, Judge

AUTHOR: LINDA M. VANZI

MEMORANDUM OPINION

VANZI, Judge.

{1}       Defendant challenges the sufficiency of the evidence to support her conviction of driving while intoxicated. [DS 9] For support, Defendant directs our attention to testimony that she had not been drinking on the night of her arrest. [DS 6, 7, 8] This Court proposed to affirm Defendant’s conviction, since it is for the fact-finder to resolve conflicting testimony and it is not the role of a reviewing court to reweigh the evidence for purposes of making credibility determinations. State v. Salas, 1999-NMCA-099, ¶ 13, 127 N.M. 686, 986 P.2d 482.

{2}       In her memorandum in opposition to that summary disposition, Defendant continues to assert that witnesses at trial “testified that she was not intoxicated on the night in question.” [MIO 1] Having duly considered Defendant’s memorandum, we are unpersuaded. See State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (explaining that a party responding to a proposed disposition must “specifically point out errors of law and fact[,]” and that the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374.

{3}       Thus, for the foregoing reasons, as well as those stated in our notice of proposed summary disposition, we affirm the judgment and sentence entered below.

{4}       IT IS SO ORDERED.

LINDA M. VANZI, Judge

WE CONCUR:

JULIE J. VARGAS, Judge

JACQUELINE R. MEDINA, Judge