State v. Goins ( 2018 )

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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. A-1-CA-37037
5 CRYSTAL GOINS,
6 Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY
8 Lisa B. Riley, District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 for Appellee
12 Bennet J. Baur, Chief Public Defender
13 William A. O’Connell, Assistant Appellate Defender
14 Santa Fe, NM
15 for Appellant
16 MEMORANDUM OPINION
17 VANZI, Chief Judge.
18 {1} Defendant Crystal Goins appeals her conviction for driving while under the
19 influence of liquor and/or drugs. In this Court’s notice of proposed disposition, we
1 proposed to summarily affirm. Defendant filed a memorandum in opposition, which
2 we have duly considered. Remaining unpersuaded, we affirm.
3 {2} Defendant continues to argue that officers lacked reasonable suspicion to
4 conduct an investigatory stop of her at Allsup’s following two 911 telephone calls.
5 [See generally MIO; see also DS 3-4] However, Defendant has not presented any new
6 facts, authority, or argument to persuade this Court that our notice of proposed
7 disposition was incorrect. [See generally MIO] See Hennessy v. Duryea,
8 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 (“Our courts have repeatedly
9 held that, in summary calendar cases, the burden is on the party opposing the proposed
10 disposition to clearly point out errors in fact or law.”); State v. Mondragon,
11 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding
12 to a summary calendar notice must come forward and specifically point out errors of
13 law and fact, and the repetition of earlier arguments does not fulfill this requirement),
14 superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031,
15 ¶ 3, 297 P.3d 374.
16 {3} Accordingly, for the reasons stated in our notice of proposed disposition and
17 herein, we affirm Defendant’s conviction.
18 {4} IT IS SO ORDERED.
19 ___________________________________
2
1 LINDA M. VANZI, Chief Judge
2 WE CONCUR:
3 _______________________________
4 J. MILES HANISEE, Judge
5 _______________________________
6 EMIL J. KIEHNE, Judge
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