STATE v. GRACE

No. 19530.

993 P.2d 93 (1999)

128 N.M. 379

1999-NMCA-148

STATE of New Mexico, Plaintiff-Appellee, v. Joseph GRACE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 15, 1999.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Ralph E. Trujillo, Assistant Attorney General, Santa Fe, for Appellee.

Roger Michener, Michener & Parnall, LLC, Albuquerque, for Appellant.


Certiorari Denied, No. 25,981, November 15, 1999.

OPINION

WECHSLER, Judge.

{1} Defendant Joseph Grace appeals his conviction for driving while intoxicated (DWI), arguing that he was entitled to a jury trial in district court. Defendant also claims that there was insufficient evidence to prove "driving activity." We hold that Defendant was entitled to a jury trial in the district court and therefore reverse his conviction and remand for a new...

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