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STATE v. KANIKAYNAR

No. 16327.

939 P.2d 1091 (1997)

123 N.M. 283

1997-NMCA-036

STATE of New Mexico, Plaintiff-Appellee, v. Mark Erroll KANIKAYNAR, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted May 2, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Anne Wood, Ass't Attorney General, Sante Fe, for Plaintiff-Appellee.

T. Glenn Ellington, Chief Public Defender, Santa Fe, D. Eric Hannum, Ass't Public Defender, Albuquerque, for Defendant-Appellant.

OPINION

ALARID, Judge.

1. Defendant pled guilty to aggravated driving while intoxicated (DWI) contrary to NMSA 1978, Section 66-8-102 (Repl.Pamp.1994). The basis for the aggravation was Defendant's refusal to submit to a chemical test that would determine the alcohol concentration of his breath. See § 66-8-102(D)(3). Pursuant to Section 66-8-102(F)(2), his sentence included an additional sixty days minimum mandatory confinement. He appeals...

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