This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A New Mexico State Park Ranger encountered the Defendant inside her vehicle, parked on the roadside with the engine running. The Defendant admitted to having driven from a nearby lake parking lot and exhibited signs of intoxication, including the smell of alcohol, bloodshot eyes, and poor balance. She admitted to consuming alcohol and refused field sobriety tests, later registering a high breath alcohol level on an Intoxilyzer (paras 2, 5).
Procedural History
- District Court, San Juan County: The Defendant was convicted of aggravated driving while under the influence of intoxicating liquor or drugs (DWI) and having an open container (para 2).
Parties' Submissions
- Appellant: The Defendant argued that she received ineffective assistance of counsel because her trial counsel failed to timely file a motion to dismiss based on improper venue, as the conduct occurred in a different county (paras 2-3).
- Appellee: [Not applicable or not found]
Legal Issues
- Whether the Defendant received ineffective assistance of counsel due to the failure to timely file a motion to dismiss based on improper venue.
Disposition
- The Court of Appeals affirmed the Defendant's convictions (para 1).
Reasons
Per Hanisee J. (Bogardus and Yohalem JJ. concurring): The Court found that even if the Defendant's trial counsel was deficient in not filing a timely motion to dismiss based on venue, the Defendant failed to demonstrate prejudice. The Court noted that venue can be waived by a defendant, and silence on the issue constitutes such a waiver. Additionally, the Court found no reasonable probability that the outcome would have been different if the case had been tried in the correct venue, given the significant evidence against the Defendant (paras 3-5).