STATE v. HUBBLE

No. 30,663.

206 P.3d 579 (2009)

2009-NMSC-014

STATE of New Mexico, Plaintiff-Respondent, v. Rich HUBBLE, Defendant-Petitioner.

Supreme Court of New Mexico.

March 31, 2009.


Attorney(s) appearing for the Case

Hugh W. Dangler, Chief Public Defender, Nancy M. Hewitt, Appellate Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Respondent.

Donna M. Bevacqua-Young, John Ward Wheeler, II, Santa Fe, NM, for Amici Curiae, New Mexico District Attorneys' Association and New Mexico Department of Public Safety.


OPINION

SERNA, Justice.

{1} Defendant Rich Hubble was convicted in magistrate court of Driving Under The Influence of Intoxicating Liquor, contrary to NMSA 1978, Section 66-8-102 (1953, as amended through 2004), and Improper Turning at Intersection, contrary to NMSA 1978, Section 66-7-325(A) (1978). Pursuant to Rule 6-703 NMRA, he appealed to the district court. During the district court bench trial, Defendant moved to suppress the evidence...

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