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STATE v. MAILMAN

No. 31,092.

242 P.3d 269 (2010)

2010-NMSC-036

STATE of New Mexico, Plaintiff-Respondent, v. David MAILMAN, Defendant-Petitioner.

Supreme Court of New Mexico.

June 24, 2010.

Attorney(s) appearing for the Case

Hugh W. Dangler , Chief Public Defender, Allison H. Jaramillo , Vicki W. Zelle , Corey J. Thompson , Assistant Appellate Defenders, Santa Fe, NM, for Petitioner.

Gary K. King , Attorney General, Margaret E. McLean , Ralph E. Trujillo , Assistant Attorney Generals, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} A jury convicted Defendant David Mailman by a general verdict of driving while intoxicated (DWI) based on alternative theories of actually driving while intoxicated or being in actual physical control of a vehicle while intoxicated. Defendant appeals, arguing that his conviction must be reversed because his vehicle was inoperable and, therefore, he was not in actual physical control of it, and because there was insufficient...

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