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STATE v. NATONI

No. 30,597.

282 P.3d 769 (2012)

2012-NMCA-062

STATE of New Mexico, Plaintiff-Appellee, v. Patrick Gibson NATONI, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, May 16, 2012, No. 33,593.

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 , Chief Public Defender, Tania Shahani , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Chief Judge.

{1} The issue before us is whether the district court was correct in imposing the penalty for Defendant's offense of driving an off-road vehicle while intoxicated (DWI) under NMSA 1978, Section 66-8-102 (2008) (amended 2010) (DWI statute), or should the court have utilized the penalty assessment misdemeanor scheme set out in NMSA 1978, Section 66-3-1020 (2009), of the Off-Highway Motor Vehicle Act (OHMVA). We hold...

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