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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 STATE OF NEW MEXICO,
3 Plaintiff-Appellee,
4 v. NO. 32,980
5 ANGEL CHAVEZ,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
8 Charles W. Brown, District Judge
9 Gary K. King, Attorney General
10 Santa Fe, NM
11 for Appellee
12 Jorge A. Alvarado, Chief Public Defender
13 Santa Fe, NM
14 Josephine H. Ford, Assistant Public Defender
15 Albuquerque, NM
16 for Appellant
17 MEMORANDUM OPINION
18 GARCIA, Judge.
1 {1} Defendant has appealed from a conviction for DWI. The State promptly filed
2 a motion to dismiss, challenging the jurisdiction of this Court to review decisions
3 rendered by the district courts in cases involving on-record appeals. We delayed
4 disposition in order to await a formal decision on that issue. Recently, in State v.
5 Carroll, 2013-NMCA-___, ¶¶ 1, 5, 9, 12, ___ P.3d ___ (No. 32,909, Oct. 21, 2013),
6 this Court held that appeals from on-record decisions heard first by the district courts
7 are properly before us. We therefore deny the State’s motion to dismiss.
8 {2} Turning to the merits, we previously issued a notice of proposed summary
9 disposition in which we proposed to uphold Defendant’s conviction. Defendant has
10 filed a memorandum in opposition. After due consideration, we remain unpersuaded.
11 {3} Defendant has challenged the sufficiency of the evidence to support her
12 conviction for DWI under the impairment-to-the-slightest-degree standard. [DS 10;
13 MIO 8-9] As described at greater length in the notice of proposed summary
14 disposition, the State presented evidence, principally through the testimony of the
15 officer who initiated the stop and conducted the ensuing DWI investigation, in
16 satisfaction of each of the elements of the offense. In her memorandum in opposition
17 Defendant does not dispute the presentation of that evidence. Instead, she suggests
18 that “[t]he totality of the evidence was not sufficiently compelling” to establish her
19 guilt with “certitude.” [MIO 6-7] In this regard Defendant urges this Court to re-weigh
2
1 the credibility of the witnesses and to draw its own inferences. [MIO 7-9] This we
2 cannot do. See generally State v. Nevarez, 2010-NMCA-049, ¶ 9, 148 N.M. 820, 242
3 P.3d 387 (“[T]his Court will not re-weigh the credibility of the witnesses at trial or
4 substitute its determination of the facts for that of the jury as long as there is sufficient
5 evidence to support the verdict.”).
6 {4} Accordingly, for the reasons stated in our notice of proposed summary
7 disposition and above, we affirm.
8 {5} IT IS SO ORDERED.
9
10 TIMOTHY L. GARCIA, Judge
11 WE CONCUR:
12
13 J. MILES HANISEE, Judge
14
15 M. MONICA ZAMORA, Judge
3