Court of Appeals of New Mexico

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STATE OF NEW MEXICO,
Plaintiff-Appellee,
v.
JAY CHARLEY,
Defendant-Appellant.

No. 35,004

COURT OF APPEALS OF NEW MEXICO

March 29, 2016

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Briana H. Zamora, District Judge

COUNSEL

Hector H. Balderas, Attorney General, Santa Fe, NM, for Appellee

Jorge A. Alvarado, Chief Public Defender, Santa Fe, NM, Steven J. Forsberg, Assistant Appellate Defender, Albuquerque, NM, for Appellant

JUDGES

J. MILES HANISEE, Judge. WE CONCUR: MICHAEL E. VIGIL, Chief Judge, RODERICK T. KENNEDY, Judge

AUTHOR: J. MILES HANISEE

MEMORANDUM OPINION

HANISEE Judge.

{1}       Defendant-Appellant Jay Charley (Defendant) has appealed from a conviction for aggravated DWI. We previously issued a notice of proposed summary disposition in which we proposed to uphold the conviction. Defendant has filed a combined memorandum in opposition and motion to accept as timely. The motion is hereby granted.

{2}       Defendant continues to challenge the sufficiency of the evidence to support the conviction. [MIO 1] We gather that he may also renew his challenge to the denial of his motion to suppress. [MIO 1] However, Defendant advances no new argument or authority. We therefore remain unpersuaded.

{3}       Accordingly, for the reasons described in the notice of proposed summary disposition, we affirm.

{4}       IT IS SO ORDERED.

J. MILES HANISEE, Judge

WE CONCUR:

MICHAEL E. VIGIL, Chief Judge

RODERICK T. KENNEDY, Judge