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STATE v. COTTON

No. 30,014.

263 P.3d 925 (2011)

2011-NMCA-096

STATE of New Mexico, Plaintiff-Appellee, v. Jeremy COTTON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, August 29, 2011, No. 33,163.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, M. Anne Kelly , Assistant Attorney General, Albuquerque, NM, for Appellee.

Jacqueline L. Cooper , Acting Chief Public Defender, Allison H. Jaramillo , Assistant Appellate Defender, Kathleen T. Baldridge , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Chief Judge.

{1} Defendant was in the driver's seat of a van parked on a roadside near Hobbs, New Mexico. His girlfriend and her four young children were in the car with him. Deputy Kelly had been called to the location to investigate a report of a possible domestic incident occurring in the van. Suspecting that Defendant was intoxicated, Deputy Brown questioned Defendant who admitted that he had consumed alcohol recently....

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