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STATE v. JOHNSON

Nos. 25,950, 25,796.

15 P.3d 1233 (2000)

130 N.M. 6

2001-NMSC-001

STATE of New Mexico, Plaintiff-Petitioner, v. Albert JOHNSON, Defendant-Respondent. State of New Mexico, Plaintiff-Petitioner, v. Chuck Wenger, Defendant-Respondent.

Supreme Court of New Mexico.

December 20, 2000.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Phyllis H. Subin, Chief Public Defender, Thomas DeMartino, Assistant Public Defender, Liane E. Kerr, Albuquerque, NM, for Respondents.

OPINION

BACA, Justice.

{1} In these consolidated cases, we are called upon to clarify the offense of driving while intoxicated (DWI) and define its parameters. We granted certiorari pursuant to NMSA 1978, § 34-5-14(B) (1972) in order to review two cases which have been consolidated to address whether the State can charge a defendant with DWI pursuant to NMSA 1978, § 66-8-102 (1997, prior to 1999 amendment) when the defendant is on private property...

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