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STATE v. ETSITTY

No. 30,779.

270 P.3d 1277 (2011)

2012-NMCA-012

STATE of New Mexico, Plaintiff-Appellee, v. Darwin ETSITTY, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, December 21, 2011, No. 33,317.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Ralph E. Trujillo , Assistant Attorney General, Albuquerque, NM, for Appellee.

Liane E. Kerr , Albuquerque, NM, for Appellant.

OPINION

VANZI, Judge.

{1} This case presents another twist on the question of when a defendant can be successfully prosecuted for both driving while intoxicated (DWI) and child abuse by endangerment. A jury found Defendant guilty of DWI by actual physical control and child abuse by endangerment. Defendant does not challenge his DWI conviction. Instead, he raises one issue on appeal, contending that the district court erred in denying his motion...

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