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STATE v. SMITH

No. 19,734.

994 P.2d 47 (1999)

128 N.M. 467

1999-NMCA-154

STATE of New Mexico, Plaintiff-Appellee, v. Calvin SMITH, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied December 7, 1999.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Max Shepherd, Assistant Attorney General, Santa Fe, for Appellee.

Phyllis H. Subin, Chief Public Defender, Josephine H. Ford, Assistant Appellate Defender, Santa Fe, for Appellant.

Certiorari Denied, No.26,039, December 7, 1999.

OPINION

ARMIJO, Judge.

{1} Calvin Smith was convicted after a bench trial, in Metropolitan Court, of Driving While Intoxicated (DWI), contrary to NMSA 1978, § 66-8-102 (1997). Following his conviction, Defendant appealed to the district court, which affirmed. Defendant presents only one issue on appeal to this Court: whether the results of his breathalyzer...

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