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STATE v. RIVERA

No. 17750.

947 P.2d 168 (1997)

124 N.M. 211

1997-NMCA-102

STATE of New Mexico, Plaintiff-Appellee, v. Salvador RIVERA, Defendant-Appellant.

Court of Appeals of New Mexico.

September 9, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Elizabeth Blaisdell, Asst. Attorney General, Santa Fe, for Plaintiff-Appellee.

Leon F. Encinias, Albuquerque, for Defendant-Appellant.

OPINION

PICKARD, Judge.

1. Defendant appeals his conviction for aggravated driving while intoxicated contrary to NMSA 1978, Sections 66-8-102(A) & (D)(1) (Repl.Pamp.1994). He raises two issues. First, he contends that the evidence was insufficient to sustain the conviction because (a) there was insufficient evidence that he was driving and (b) there was insufficient evidence of the level of intoxication required to aggravate the offense. Second...

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