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STATE v. MUNOZ

No. 23,677.

96 P.3d 796 (2004)

136 N.M. 235

2004-NMCA-103

STATE of New Mexico, Plaintiff-Appellee, v. Armando MUNOZ, Defendant-Appellant.

Court of Appeals of New Mexico.

June 24, 2004.

Attorney(s) appearing for the Case

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

John B. Bigelow, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender, Santa Fe, for Defendant.

OPINION

ALARID, J.

{1} Defendant, Armando Munoz, appeals his conviction on two counts of great bodily injury by vehicle (GBI). Defendant argues that the district court improperly refused his request for an instruction on the lesser offense of driving while intoxicated (DWI). Because we agree that Defendant was entitled to an instruction on the offense of driving while intoxicated, we reverse his convictions and remand for a new trial.

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