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STATE v. MARQUEZ

No. 31,294.

223 P.3d 931 (2009)

2009-NMSC-055

STATE of New Mexico, Plaintiff-Respondent, v. Reyes MARQUEZ, Defendant-Petitioner.

Supreme Court of New Mexico.

November 18, 2009.

Attorney(s) appearing for the Case

Hugh W. Dangler, Chief Public Defender, Adrianne R. Turner, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

MAES, Justice.

{1} Following a jury trial, Reyes Marquez (Defendant) was convicted of driving while under the influence of intoxicating liquor (DWI) contrary to NMSA 1978, Section 66-8-102(A) (2005, prior to 2008 amendments). The Court of Appeals affirmed Defendant's conviction, concluding in relevant part that (1) the evidence was sufficient to establish that Defendant had been driving while impaired by alcohol to the slightest degree...

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