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STATE v. TORRES

No. 32,291.

279 P.3d 740 (2012)

2012-NMSC-016

STATE of New Mexico, Plaintiff-Respondent, v. Laybe TORRES, Defendant-Petitioner.

Supreme Court of New Mexico.

May 24, 2012.

Attorney(s) appearing for the Case

Jacqueline L. Cooper , Chief Public Defender, Kimberly M. Chavez Cook , Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King , Attorney General, Martha Anne Kelly , Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

SERNA, Justice.

{1} Laybe Torres (Defendant) was convicted by a jury of Driving While Intoxicated (seventh or subsequent offense). While Defendant was initially pulled over for not wearing a seatbelt during a routine seatbelt enforcement operation, the arresting officer subsequently initiated a DWI investigation after smelling alcohol, observing Defendant's bloodshot eyes, and noting Defendant...

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