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STATE v. SAIZ

No. 21,797.

24 P.3d 365 (2001)

130 N.M. 333

2001-NMCA-035

STATE of New Mexico, Plaintiff-Appellee, v. Nestor F. SAIZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 29, 2001.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Thomas DeMartino, Assistant Public Defender, Albuquerque, NM, for Appellant.

Certiorari Denied, No. 26,931, May 29, 2001.

OPINION

WECHSLER, Judge.

{1} Defendant appeals the district court's affirmance of his judgment and sentence for aggravated DWI (third offense) (R.P. 107-110). At the time of the events that led to his conviction Defendant was operating a moped. Defendant argues that a "`moped'" as defined in NMSA 1978, § 66-1-4.11(F) (1998) and regulated by NMSA 1978, § 66-3-1101 (1981) is not a "vehicle...

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