Opinion
A-1-CA-39635
12-21-2021
STATE OF NEW MEXICO, Plaintiff-Appellee, v. MICHAEL LEE MANEY, Defendant-Appellant.
Hector H. Balderas, Attorney General Santa Fe, NM Charles J. Gutierrez, Assistant Attorney General Albuquerque, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.
APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY Lisa B. Riley, District Judge
Hector H. Balderas, Attorney General Santa Fe, NM Charles J. Gutierrez, Assistant Attorney General Albuquerque, NM for Appellee
Bennett J. Baur, Chief Public Defender Santa Fe, NM for Appellant
MEMORANDUM OPINION
ZACHARY A. IVES, JUDGE
{¶1} Defendant appeals from his conviction for aggravated driving while intoxicated (0.16 or above) (second offense). On appeal, Defendant argues that the district court abused its discretion in admitting the breath card evidence over Defendant's objection to foundation. This Court issued a notice of proposed disposition, proposing to agree with Defendant as to this issue and reverse the district court. In response, the State has filed a notice of non-opposition to our notice of proposed disposition and announced that it will not file a memorandum in opposition.
{¶2} Accordingly, we rely on the reasoning contained in our notice of proposed disposition, and we reverse and remand for a new trial. Further, again relying on the reasoning contained in our proposed disposition, we conclude that Defendant's retrial is not barred, as the State presented substantial evidence. Finally, we reject Defendant's claim of a confrontation or a due process violation, as expressed in our proposed disposition.
{¶3} IT IS SO ORDERED.
WE CONCUR: MEGAN P. DUFFY, Judge, JANE B. YOHALEM, Judge