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STATE v. DUARTE

No. 25,878.

149 P.3d 1027 (2006)

2007-NMCA-012

STATE of New Mexico, Plaintiff-Appellee, v. James F. DUARTE, Defendant-Appellant.

Court of Appeals of New Mexico.

December 7, 2006.

Attorney(s) appearing for the Case

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

Michael J. Dugan, Las Cruces, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} Defendant James F. Duarte was arrested at a sobriety roadblock. Among other convictions, he was convicted of driving while intoxicated (DWI) under NMSA 1978, § 66-8-102(C)(1), (G) (2004) (amended 2005). He asserts district court error (1) in not suppressing evidence because the police officer lost a videotape of field sobriety tests, thus depriving Defendant of evidence and prejudicing his right to a fair trial; (2) in not...

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