Opinion
NO. A-1-CA-36551
01-24-2018
STATE OF NEW MEXICO, Plaintiff-Appellee, v. DAMIAN ARENAS, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM Steven J. Forsberg, Assistant Appellate Defender Albuquerque, NM for Appellant
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
Karen L. Townsend, 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 Appellate Defender
Albuquerque, NM for Appellant
MEMORANDUM OPINION
VIGIL, Judge. {1} Defendant appeals from his conviction for felony DWI, entered pursuant to a conditional plea, wherein he reserved the right to appeal the district court's denial of his motion to dismiss on speedy trial grounds. This Court issued a calendar notice proposing to affirm relying, in part, on State v. Hill, 2005-NMCA-143, ¶ 12, 138 N.M. 693, 125 P.2d 1175. Defendant has filed a memorandum in opposition requesting that this Court revisit our holding in Hill. However, given that our holding in Hill was premised on binding New Mexico Supreme Court precedent, we decline to revisit that holding. As a result, we conclude that Defendant has not demonstrated a speedy trial violation. Accordingly, we affirm.
IT IS SO ORDERED.
/s/ _________
MICHAEL E. VIGIL, Judge
WE CONCUR:
/s/ _________
JULIE J. VARGAS, Judge /s/ _________
STEPHEN G. FRENCH, Judge