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 for driving while under the influence, speeding, and lane violations. The evidence presented against him was circumstantial, specifically regarding whether he was the driver of the vehicle involved in the offenses.

Procedural History

• District Court of Bernalillo County: Affirmed the Defendant's conviction for driving while under the influence, speeding, and lane violations.

Parties' Submissions

• Appellant (Defendant): Argued that the convictions are not supported by sufficient evidence, emphasizing that the evidence proving he was the driver was only circumstantial.
• Appellee (State of New Mexico): [Not applicable or not found]

Legal Issues

• Whether the circumstantial evidence presented was sufficient to support the Defendant's convictions for driving while under the influence, speeding, and lane violations.

Disposition

• The Court of Appeals summarily affirmed the district court's decision to uphold the Defendant's convictions.

Reasons

• Per VARGAS, J., with ATTREP, J., and MEDINA, J., concurring: The Court considered the Defendant's memorandum in opposition but remained unpersuaded that the convictions were unsupported by sufficient evidence. The Defendant did not contest the facts relied upon in the notice of proposed disposition nor did he present any new facts, law, or arguments that could persuade the Court that the notice of proposed disposition was erroneous. The Court referenced previous case law stating the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law, which the Defendant failed to do (para 2).