AI Generated Opinion Summaries

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 of driving while intoxicated (DWI) and aggravated fleeing from a law enforcement officer. The case involves the Defendant's appeal against the district court's judgment and sentence, particularly challenging the parole term of her sentence.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant: The Defendant opposed the affirmance of her convictions and supported the reversal of her sentence, particularly challenging the parole term of her sentence.
• Appellee: The State indicated acceptance of the proposed disposition by not filing a memorandum in opposition to the court's second notice.

Legal Issues

• Whether sufficient evidence supports the Defendant's convictions for aggravated fleeing from a police officer and DWI.
• Whether the district court erred by sentencing the Defendant to a period of parole given she was sentenced to serve time in jail, not in prison.

Disposition

• The court affirmed the Defendant's convictions for aggravated fleeing from a police officer and DWI.
• The court vacated the Defendant's parole term and remanded for resentencing.

Reasons

• The panel of judges, consisting of Judges Jacqueline R. Medina, Zachary A. Ives, and Shammara H. Henderson, unanimously decided the case. They found no new factual or legal arguments in the Defendant's second memorandum in opposition that would persuade them to reverse the Defendant's convictions (para 2). The court held that sufficient evidence supported the Defendant's convictions (para 2). Regarding the parole term, the court agreed that the district court erred in sentencing the Defendant to a period of parole because she was sentenced to jail time, not prison time. They referenced NMSA 1978, Section 31-21-10(D), which specifies that only prison sentences can include a parole requirement, thus vacating the Defendant's parole term and remanding for resentencing (paras 3-4).