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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. 35,921
5 JONAS TERWILLIGER,
6
7 Defendant-Appellant.
8 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
9 Briana H. Zamora, Judge
10 Hector H. Balderas, Attorney General
11 Santa Fe, NM
12 for Appellee
13 Ben A. Ortega
14 Albuquerque, NM
15 for Appellant
16 MEMORANDUM OPINION
17 HANISEE, Judge.
18 {1} Defendant Jonas Terwilliger appeals from the district court’s affirmance of his
19 conviction after a jury trial in metropolitan court for aggravated driving while under
20 the influence of intoxicating liquor (DWI). [DS 3; RP 122-33] In this Court’s notice
1 of proposed disposition, we proposed to adopt the district court’s memorandum
2 opinion affirming the conviction. [CN 2] Defendant filed a memorandum in
3 opposition, which we have duly considered. Remaining unpersuaded, we affirm
4 Defendant’s conviction.
5 {2} Defendant raises no new arguments apart from those that he made in his
6 docketing statement [DS 5] and in the statement of the issues he filed with the district
7 court in his on-record appeal [RP 104]. In this Court’s notice of proposed disposition,
8 we proposed to adopt the district court’s thorough and well-reasoned memorandum
9 opinion in response to Defendant’s arguments. [CN 2; see also RP 122-31] Defendant
10 has failed to raise any new arguments or issues to convince us to reconsider our
11 proposed adoption of the district court’s memorandum opinion. As such, all of the
12 arguments in Defendant’s memorandum in opposition have been addressed by this
13 Court in its notice of proposed disposition and/or by the district court’s memorandum
14 opinion this Court proposed to adopt, and we refer Defendant to the responses therein.
15 [See RP 122-31]
16 {3} Accordingly, for the reasons set forth in our notice of proposed disposition and
17 herein, and for the reasons articulated in the memorandum opinion of the district
18 court, we affirm Defendant’s conviction.
19 {4} IT IS SO ORDERED.
2
1 _____________________________
2 J. MILES HANISEE, Judge
3 WE CONCUR:
4 __________________________________
5 M. MONICA ZAMORA, Judge
6 __________________________________
7 HENRY M. BOHNHOFF, Judge
3