Court of Appeals of New Mexico

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports.  Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.  Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-38361

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

PATRICK MONTOYA,

Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Alisa A. Hart, District Judge

Hector H. Balderas, Attorney General
Santa Fe, NM

for Appellee

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

for Appellant

MEMORANDUM OPINION

VANZI, Judge.

{1}       Defendant has appealed following his convictions for DWI and failure to maintain lane. We previously issued a notice of proposed summary disposition proposing to affirm. Defendant has filed a memorandum in opposition. After due consideration, we remain unpersuaded.

{2}       Because the relevant background information has previously been set forth, and there is no dispute relative thereto, [MIO 1] we will avoid undue reiteration, and proceed directly to the content of the memorandum in opposition.

{3}       Defendant continues to assert that the district court erred in denying his motion to suppress. [MIO 1]  However, Defendant offers no additional argument or authority in support of his position.

{4}       As we previously observed, [CN 2] the district court thoroughly and thoughtfully considered this issue, and duly concluded that Defendant was not prejudiced. [RP 107-13] Succinctly stated, we perceive no error.

{5}       Accordingly, we affirm.

{6}       IT IS SO ORDERED.

LINDA M. VANZI, Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge

ZACHARY H. IVES, Judge