STATE v. ANAYA

Nos. 22889, 23204, 22978, 23236.

933 P.2d 223 (1996)

123 N.M. 14

STATE of New Mexico, Plaintiff-Appellee, v. Carlos ANAYA, Christopher Kilgore, and Bobby M. Irish, Defendants-Appellants. STATE of New Mexico, Plaintiff-Respondent, v. Natoni NAKAI, Defendant-Petitioner. Johnny MARTINEZ, Petitioner, v. Hon. W. Byron CATON, District Judge, Eleventh Judicial District Court, Respondent. STATE of New Mexico, Plaintiff-Appellee, v. Tommy R. GONZALES, Defendant-Appellant.

Supreme Court of New Mexico.

Certiorari Denied January 29, 1997.


Attorney(s) appearing for the Case

T. Glenn Ellington, Chief Public Defender, Susan Gibbs, Assistant Appellate Defender, Santa Fe, Jesse R. Cosby, Roswell, Kurt Reif, Carlsbad, for Defendants-Appellants in No. 22889.

Tom Udall, Attorney General, Margaret E. McLean, Assistant Attorney General, Santa Fe, for State in Nos. 22889, 22978, 23236.

T. Glenn Ellington, Chief Public Defender, Susan Gibbs, Assistant Appellate Defender, Santa Fe, for W. Byron Caton, Tommy R. Gonzales, Natoni Nakai.

Tom Udall, Attorney General, Margaret E. McLean, Assistant Attorney General, Santa Fe, for Johnny Martinez in No. 23204.


OPINION

FRANCHINI, Justice.

(1) On motion by Defendants for rehearing or such other relief as the Court deems proper and just, the opinion filed on May 31, 1996, is withdrawn, and the following opinion is substituted in its place.

(2) The legislature recently amended the basic statute criminalizing driving while intoxicated (DWI). See NMSA 1978, § 66-8-102 (Repl.Pamp.1994). The legislature provided, among other changes, that a...

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