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State v. Leyba

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Apr 8, 2015
No. 34,177 (N.M. Ct. App. Apr. 8, 2015)

Opinion

No. 34,177

04-08-2015

STATE OF NEW MEXICO, Plaintiff-Appellee, v. JEANNINE LEYBA, Defendant-Appellant.

Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender Steven J. Forsberg, Assistant Public 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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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 BERNALILLO COUNTY
Brett Loveless, District Judge
Hector H. Balderas, Attorney General
Santa Fe, NM
for Appellee Jorge A. Alvarado, Chief Public Defender
Steven J. Forsberg, Assistant Public Defender
Albuquerque, NM
for Appellant

MEMORANDUM OPINION

WECHSLER, Judge. {1} Defendant appeals from the district court's judgment affirming her DWI conviction following an on-record appeal from her metropolitan court conviction. [RP 59, 69] Our notice proposed to affirm, and Defendant filed a memorandum in opposition (MIO). We remain unpersuaded by Defendant's arguments and therefore affirm. {2} Defendant continues to argue that the officer lacked probable cause to arrest her for DWI. [DS 10; MIO 1] See generally State v. Granillo-Macias, 2008-NMCA-021, ¶¶ 7, 9, 143 N.M. 455, 176 P.3d 1187 (setting forth our standard of review and providing that probable cause to arrest exists "when the facts and circumstances within the officer's knowledge are sufficient to warrant the officer to believe that an offense has been or is being committed"). Defendant does not dispute the facts, but urges this Court to re-examine the legal conclusion reached by the metropolitan court. [MIO 1] For the reasons detailed in our notice, however, we agree with the metropolitan court's ruling, and we therefore affirm. {3} IT IS SO ORDERED.

/s/ _________

JAMES J. WECHSLER, Judge

WE CONCUR:

/s/ _________
MICHAEL D. BUSTAMANTE, Judge
/s/ _________
M. MONICA ZAMORA, Judge


Summaries of

State v. Leyba

COURT OF APPEALS OF THE STATE OF NEW MEXICO
Apr 8, 2015
No. 34,177 (N.M. Ct. App. Apr. 8, 2015)
Case details for

State v. Leyba

Case Details

Full title:STATE OF NEW MEXICO, Plaintiff-Appellee, v. JEANNINE LEYBA…

Court:COURT OF APPEALS OF THE STATE OF NEW MEXICO

Date published: Apr 8, 2015

Citations

No. 34,177 (N.M. Ct. App. Apr. 8, 2015)