STATE v. MARTINEZ

No. 22,005.

45 P.3d 41 (2002)

132 N.M. 101

2002-NMCA-043

STATE of New Mexico, Plaintiff-Appellee, v. Eddie Ray MARTINEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 10, 2002.


Attorney(s) appearing for the Case

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

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


Certiorari Denied, No. 27,404, April 10, 2002.

OPINION

BOSSON, Chief Judge.

{1} Defendant appeals from a judgment by the Second Judicial District Court, which affirmed his metropolitan court conviction for DWI (first offense). Defendant was convicted under NMSA 1978, Section 66-8-102(C) (1999), which prohibits driving with "an alcohol concentration of eight one-hundredths or more in his blood or breath." Defendant argues that there was insufficient...

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