State v. Mescal ( 2011 )

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 STATE OF NEW MEXICO, 8 Plaintiff-Appellee, 9 v. NO. 30784 10 TIMOTHY J. MESCAL, 11 Defendant-Appellant. 12 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY 13 Thomas J. Hynes, District Judge 14 Gary K. King, Attorney General 15 Santa Fe, NM 16 Jacqueline R. Medina, Assistant Attorney General 17 Albuquerque, NM 18 for Appellee 19 Hugh W. Dangler, Chief Public Defender 20 Santa Fe, NM 21 Mark A. Curnutt, Assistant Public Defender 22 Albuquerque, NM 23 for Appellant 24 MEMORANDUM OPINION 25 KENNEDY, Judge. 1 Defendant appeals his conviction for driving under the influence of intoxicating 2 liquor (DUI). We issued a notice of proposed summary disposition proposing to 3 reverse on the basis that the district court erred in allowing the arresting officer to give 4 scientific evidence regarding Defendant’s blood alcohol content. The State has 5 responded that it does not oppose reversal of Defendant’s conviction on this basis. 6 Accordingly, we reverse Defendant’s conviction. Because we reverse on this 7 basis, we do not reach the other grounds for reversal discussed in our notice of 8 proposed summary disposition. 9 IT IS SO ORDERED. 10 ___________________________________ 11 RODERICK T. KENNEDY, Judge 12 WE CONCUR: 13 _________________________________ 14 MICHAEL D. BUSTAMANTE, Judge 15 _________________________________ 16 TIMOTHY L. GARCIA, Judge 2