Opinion
Docket No. A-1-CA-37620
04-25-2019
STATE OF NEW MEXICO, Plaintiff-Appellee, v. ASHLEY OTERO, Defendant-Appellant.
COUNSEL Hector H. Balderas, Attorney General, Santa Fe, NM, for Appellee Bennett J. Baur, Chief Public Defender, Santa Fe, NM, Steven James Forsberg, Assistant Appellate Defender, Albuquerque, NM for Appellant.
This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Briana H. Zamora, District Judge
COUNSEL
Hector H. Balderas, Attorney General, Santa Fe, NM, for Appellee
Bennett J. Baur, Chief Public Defender, Santa Fe, NM, Steven James Forsberg, Assistant Appellate Defender, Albuquerque, NM for Appellant.
JUDGES
LINDA M. VANZI, Judge. WE CONCUR: JULIE J. VARGAS, Judge, JACQUELINE R. MEDINA, Judge
AUTHOR: LINDA M. VANZI
MEMORANDUM OPINION
VANZI, Judge.
{1} Defendant challenges the sufficiency of the evidence to support her conviction of driving while intoxicated. [DS 9] For support, Defendant directs our attention to testimony that she had not been drinking on the night of her arrest. [DS 6, 7, 8] This Court proposed to affirm Defendant's conviction, since it is for the fact-finder to resolve conflicting testimony and it is not the role of a reviewing court to reweigh the evidence
for purposes of making credibility determinations. State v. Salas, 1999-NMCA-099, ¶ 13, 127 N.M. 686, 986 P.2d 482.
{2} In her memorandum in opposition to that summary disposition, Defendant continues to assert that witnesses at trial "testified that she was not intoxicated on the night in question." [MIO 1] Having duly considered Defendant's memorandum, we are unpersuaded. See State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (explaining that a party responding to a proposed disposition must "specifically point out errors of law and fact[,]" and that the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374.
{3} Thus, for the foregoing reasons, as well as those stated in our notice of proposed summary disposition, we affirm the judgment and sentence entered below.
{4} IT IS SO ORDERED.
LINDA M. VANZI, Judge
WE CONCUR:
JULIE J. VARGAS, Judge
JACQUELINE R. MEDINA, Judge