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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. 32,517
5 ANDREW RAMIREZ,
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 Bennett J. Baur, Chief Public Defender
13 Santa Fe, NM
14 Vicki W. Zelle, Assistant Appellate Defender
15 Albuquerque, NM
16 for Appellant
17 MEMORANDUM OPINION
18 VANZI, Judge.
1 Ramirez appeals a district court order affirming his metropolitan court
2 conviction for aggravated driving while intoxicated. In our notice of proposed
3 summary disposition, we proposed to affirm. Ramirez has filed a memorandum in
4 opposition, which we have duly considered. As we are not persuaded by Ramirez’s
5 arguments, we affirm.
6 In our notice of proposed summary disposition, we proposed to hold that,
7 viewing the evidence in the light most favorable to the verdict and drawing all
8 reasonable inferences therefrom, there was sufficient evidence to support Ramirez’s
9 conviction beyond a reasonable doubt. See State v. Cunningham, 2000-NMSC-009,
10 ¶ 26, 128 N.M. 711, 998 P.2d 176 (“In reviewing the sufficiency of the evidence, we
11 must view the evidence in the light most favorable to the guilty verdict, indulging all
12 reasonable inferences and resolving all conflicts in the evidence in favor of the
13 verdict.”).
14 In Ramirez’s memorandum in opposition, he continues to argue that there was
15 insufficient evidence because the jury could have drawn different inferences from the
16 facts supporting impairment than it did and because one of the officers was equivocal
17 about whether Ramirez might have asked to take a breath test after he initially refused.
18 Ramirez’s arguments essentially ask this Court to reweigh the evidence, which we will
19 not do. See State v. Sutphin, 107 N.M. 126, 131, 753 P.2d 1314, 1319 (1988) (stating
20 that an appellate court “does not weigh the evidence and may not substitute its
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1 judgment for that of the fact finder so long as there is sufficient evidence to support
2 the verdict”).
3 Therefore, for the reasons stated in this opinion and in our notice of proposed
4 summary disposition, we affirm.
5 IT IS SO ORDERED.
6 __________________________________
7 LINDA M. VANZI, Judge
8 WE CONCUR:
9 _________________________________
10 RODERICK T. KENNEDY, Chief Judge
11 _________________________________
12 MICHAEL D. BUSTAMANTE, Judge
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