Court of Appeals of New Mexico

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-40516

STATE OF NEW MEXICO,

Plaintiff-Appellee,

v.

YUSUF ABUGHUWALEH,

Defendant-Appellant.

APPEAL FROM THE METROPOLITAN COURT OF BERNALILLO COUNTY
Joshua J. Sanchez, Metropolitan Court Judge

Raúl Torrez, Attorney General

Lindsay Stuart, Assistant Attorney General

Santa Fe, NM

for Appellee

Bennett J. Baur, Chief Public Defender

Santa Fe, NM

for Appellant

MEMORANDUM OPINION

HANISEE, Judge.

{1}       Defendant appeals his conviction for driving while under the influence of intoxicating liquor or drugs (DWI). [CN 1] In our notice of proposed disposition, we proposed to reverse Defendant’s convictions because Defendant’s conviction was pursued under the incorrect subsection of NMSA 1978, Section 66-8-102 (2016). [CN 4] The State has responded to this Court’s notice of proposed disposition, stating that it will not file a memorandum in opposition. [Rsp. 1] Accordingly, for the reasons stated in our notice of proposed disposition and herein, we reverse Defendant’s conviction and remand this case to the district court for further proceedings.

{2}       IT IS SO ORDERED.

J. MILES HANISEE, Judge

WE CONCUR:

KRISTINA BOGARDUS, Judge

JANE B. YOHALEM, Judge