State v. Matthews ( 2014 )

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 Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.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. 32,776 5 MARCIE MATTHEWS, 6 Defendant-Appellant. 7 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY 8 Donna J. Mowrer, District Judge 9 Gary K. King, Attorney General 10 Santa Fe, NM 11 for Appellee 12 Jorge A. Alvarado, Chief Public Defender 13 Nicole Murray, Assistant Appellate Defender 14 Santa Fe, NM 15 for Appellant 16 MEMORANDUM OPINION 17 GARCIA, Judge. 1 {1} Defendant has appealed from a conviction for DWI. We issued a second notice 2 of proposed summary disposition on November 14, 2013, proposing to reverse and 3 remand for consideration of Defendant’s arguments concerning the ignition interlock 4 feature of her sentence. The State has filed a response with this Court indicating that 5 it does not oppose our proposed summary disposition. 6 {2} Accordingly, for the reasons stated in the second notice of proposed summary 7 disposition, we reverse and remand for further proceedings. 8 {3} IT IS SO ORDERED. 9 ___________________________ 10 TIMOTHY L. GARCIA, Judge 11 WE CONCUR: 12 13 RODERICK T. KENNEDY, Chief Judge 14 15 M. MONICA ZAMORA, Judge 2