March 30, 2020- State of New Mexico v. Patrick Montoya, No. A-1-CA-38361

A-1-CA-38361Nmctapp

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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.
1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. No. A-1-CA-38361
5 PATRICK MONTOYA,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
8 Alisa A. Hart, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 for Appellee
12 Bennett J. Baur, Chief Public Defender
13 Santa Fe, NM
14 Steven J. Forsberg, Assistant Appellant Defender
15 Albuquerque, NM
16 for Appellant
17 MEMORANDUM OPINION
18 VANZI, Judge.
19 {1} Defendant has appealed following his convictions for DWI and failure to
20 maintain lane. We previously issued a notice of proposed summary disposition
Court of Appeals of New Mexico
Filed 3/30/2020 8:53 AM
2
1 proposing to affirm. Defendant has filed a memorandum in opposition. After due
2 consideration, we remain unpersuaded.
3 {2} Because the relevant background information has previously been set forth, and
4 there is no dispute relative thereto, [MIO 1] we will avoid undue reiteration, and
5 proceed directly to the content of the memorandum in opposition.
6 {3} Defendant continues to assert that the district court erred in denying his motion
7 to suppress. [MIO 1] However, Defendant offers no additional argument or authority
8 in support of his position.
9 {4} As we previously observed, [CN 2] the district court thoroughly and
10 thoughtfully considered this issue, and duly concluded that Defendant was not
11 prejudiced. [RP 107-13] Succinctly stated, we perceive no error.
12 {5} Accordingly, we affirm.
13 {6} IT IS SO ORDERED.
14
15 LINDA M. VANZI, Judge
3
1 WE CONCUR:
2
3 JENNIFER L. ATTREP, Judge
4
5 ZACHARY H. IVES, Judge

1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.

OCR transcription for search; preserved printed pages are authoritative

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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.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
Court of Appeals of New Mexico
Filed 3/30/2020 8:53 AM

STATE OF NEW MEXICO, dl
Plaintiff-Appellee, we ;
Mark Reynolds
v. No. A-1-CA-38361

PATRICK MONTOYA,
Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Alisa A. Hart, 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 Appellant Defender
Albuquerque, NM
for Appellant
MEMORANDUM OPINION
VANZI, Judge.

a} Defendant has appealed following his convictions for DWI and failure to

maintain lane. We previously issued a notice of proposed summary disposition

2
1 proposing to affirm. Defendant has filed a memorandum in opposition. After due
2 consideration, we remain unpersuaded.
3 {2} Because the relevant background information has previously been set forth, and
4 there is no dispute relative thereto, [MIO 1] we will avoid undue reiteration, and
5 proceed directly to the content of the memorandum in opposition.
6 {3} Defendant continues to assert that the district court erred in denying his motion
7 to suppress. [MIO 1] However, Defendant offers no additional argument or authority
8 in support of his position.
9 {4} As we previously observed, [CN 2] the district court thoroughly and
10 thoughtfully considered this issue, and duly concluded that Defendant was not
11 prejudiced. [RP 107-13] Succinctly stated, we perceive no error.
12 {5} Accordingly, we affirm.
13 {6} IT IS SO ORDERED.
14
15 LINDA M. VANZI, Judge

1
WE CONCUR:
7 LA
2 3
HUNNIFER L. ATTREP, Judge
8
4 5
ZACHARKH. ĮVES, Judge
3

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