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 of intoxicating liquor or drugs (DWI).

Procedural History

• Appeal from the Metropolitan Court of Bernalillo County: The Defendant was convicted for DWI.

Parties' Submissions

• Plaintiff-Appellee (State of New Mexico): Did not file a memorandum in opposition to the Court's notice of proposed disposition ([Rsp. 1]).
• Defendant-Appellant (Yusuf Abughuwaleh): Argued that his conviction was pursued under the incorrect subsection of NMSA 1978, Section 66-8-102 (2016).

Legal Issues

• Whether the Defendant's conviction for DWI was pursued under the incorrect subsection of NMSA 1978, Section 66-8-102 (2016).

Disposition

• The Defendant’s conviction for DWI is reversed and the case is remanded to the district court for further proceedings.

Reasons

• Per Hanisee, J., concurred by Bogardus, J., and Yohalem, J.: The Court proposed to reverse the Defendant's convictions based on the argument that the conviction was pursued under the incorrect subsection of NMSA 1978, Section 66-8-102 (2016). The State responded to the Court's notice of proposed disposition by stating it would not file a memorandum in opposition. The Court, therefore, reversed the Defendant's conviction and remanded the case for further proceedings based on these considerations ([CN 1], [CN 4], [Rsp. 1]).