State v. Islas

This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, 4 v. NO. 35,737 5 IANN ISLAS, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Briana H. Zamora, District Judge 9 Hector H. Balderas, Attorney General 10 Santa Fe, NM 11 for Appellee 12 Bennett J. Baur, Chief Public Defender 13 Santa Fe, NM 14 Josephine H. Ford, Assistant Public Defender 15 Albuquerque, NM 16 for Appellant 17 MEMORANDUM OPINION 18 VANZI, Chief Judge. 1 {1} Defendant-Appellant Iann Islas (Defendant) has sought to appeal his conviction 2 of driving while intoxicated (DWI). We previously issued a notice of proposed 3 summary disposition in which we proposed to affirm. Defendant has filed a 4 memorandum in opposition. After due consideration, we remain unpersuaded. 5 {2} In his memorandum in opposition, Defendant presents no new arguments but 6 reiterates his position that the DWI roadblock pursuant to which he was seized was 7 unconstitutional and that the results of his breath alcohol test were admitted in error. 8 [MIO 2-5] We remain unpersuaded by Defendant’s arguments. Accordingly, for the 9 reasons stated in the notice of proposed summary disposition, we affirm. 10 {3} IT IS SO ORDERED. 11 __________________________________ 12 LINDA M. VANZI, Chief Judge 13 WE CONCUR: 14 _________________________________ 15 JONATHAN B. SUTIN, Judge 16 _________________________________ 17 M. MONICA ZAMORA, Judge 2