{1} Defendant Roxanna Tom filed a motion for rehearing and/or motion to amend or correct opinion. This Court has considered the motion and the motion is hereby denied as to rehearing and granted as to amending the opinion to state that we are addressing only two of the three issues Defendant raises on appeal. The opinion filed in this case on April 22, 2010, is withdrawn and the following opinion is substituted therefor... ... ... {2} Defendant appeals her conviction for driving while under the...  

{1} Gina Mendoza and Michael Hart (Plaintiffs), as personal representatives of Michael and Desiree Mendoza, brought a wrongful death action against Tamaya Enterprises, Inc. (Tamaya) in the Bernalillo County District Court. The complaint alleged that Tamaya sold alcohol to Michael and Desiree Mendoza at a social function despite their intoxication and, as a result of Tamaya's negligence, they were killed on their way home in a single, vehicle accident. The action was dismissed for failure to...  

{1} Michael Antonio (Worker) appeals from an order of dismissal entered by the Workers' Compensation Administration (WCA) for lack of subject matter jurisdiction. On appeal, Worker alleges that (1) the WCA erred in determining that Worker's injury occurred on the Mescalero Apache Tribe reservation (Tribe) and that the Tribe was not conducting business within the State of New Mexico; and (2) the WCA had jurisdiction by default because the Tribe did not have a workers' compensation program in...  

{1} Defendant Jose Garcia pleaded guilty to intentional child abuse resulting in death, a crime that carries a life sentence where, as here, Child is under 12 years old. In this direct appeal, Defendant seeks leave to withdraw his guilty plea on the ground that it was not knowing and voluntary, due to ineffective assistance of counsel. Defendant claims that he pleaded guilty because trial counsel incorrectly advised him that negligent and intentional child abuse resulting in death are both...  

{1} In this appeal, we are presented with the recurring issue of how our six-month rules should be administered when the State dismisses charges in magistrate court and subsequently refiles the same charges in district court. On separate occasions, Defendants Savedra, Lozano, and Yates were charged with misdemeanor Driving While Intoxicated (DWI) in magistrate court, and did not reach a plea agreement. In each case, the State dismissed the charges in magistrate court and refiled the cases in...  

{1} Defendant Mark Reger appeals his convictions for aggravated driving while under the influence of intoxicating liquor (DWI), and driving while license suspended or revoked. The factual setting of Defendant's case requires us to consider whether a police officer may properly arrest an intoxicated driver standing outside his vehicle when the officer has not observed him driving. We conclude that the misdemeanor arrest rule is satisfied where the officer may reasonably infer from the direct and...  

{1} In this case, the State filed a criminal complaint in the magistrate court, charging Defendant with felony offenses and sought to establish probable cause in a preliminary hearing in the magistrate court. When the magistrate made a finding of no probable cause, the State filed the same charges in the district court, which remanded that matter to the magistrate court for a preliminary hearing. The State then succeeded in peremptorily excusing the original magistrate from conducting the...  

{1} In this case, we consider whether the district court properly enhanced the sentence of Defendant James May. In 2007, Defendant was found guilty of several crimes, including Possession of a Firearm by a Felon in violation of NMSA 1978, Section 30-7-16 (2001). At sentencing, the district court enhanced his sentence by four years under the habitual offender statute. NMSA 1978, § 31-18-17(B) (2003). In doing so, the district court cited two 1991 federal felony convictions (the 1991...  

{1} This is another case that requires us to determine whether the insured Plaintiff validly rejected underinsured motorist (UIM) coverage, and whether such coverage should therefore be read into Plaintiff's policy. What makes this case different is that the question is presented in the context of UIM property damage coverage. For the reasons that follow, we reverse the district court summary judgment ruling that denies Plaintiff's claim for UIM property damage coverage up to policy liability...  

{1} At issue in this appeal is the ownership of a single-family residence in Clovis, New Mexico (the Property). Tobore Kokoricha and Oyinkan Kokoricha (the Kokorichas) appeal the district court's order dismissing with prejudice their request for a declaratory judgment stating that they are good-faith purchasers for value of the Property. The Kokorichas contend that the district court erred when it concluded that the Kokorichas' purchase of the... ... ... Property was subject to a notice of lis...  

{1} Defendant Carl A. Bowden appeals from his convictions of driving under the influence of intoxicating liquor and/or drugs (fourth offense) and other motor vehicle violations. Although the district court's judgment and sentence states that Defendant was convicted under NMSA 1978, Section 66-8-102(A) (2008), Defendant was actually convicted by the jury under Section 66-8-102(C)(1), based on the theory that Defendant drove with an alcohol concentration of eight one hundredths or more. Defendant...  

{1} Abdul Muqqddin (Defendant) used a nail to penetrate the gas tank of a van parked in a dark alley without the permission of the owner. After piercing the tank, Defendant positioned a container below the hole so as to catch the fuel as it drained from the van. The van was in extremely bad condition and had been parked in the alley for as many as six months, though it had not been abandoned. Defendant appeals his convictions for auto burglary under NMSA 1978, Section 30-16-3 (1971), criminal...  

{1} This interlocutory appeal presents the question whether settlement with an employee releases the employer from claims based on respondeat superior. Plaintiff Jose Valdez's vehicle was rear-ended by a vehicle driven by Romancita Salazar, and Plaintiff sued Ms. Salazar in negligence and also claimed that Ms. Salazar's employer, Defendant R-Way, LLC, was vicariously liable. Plaintiff and Ms. Salazar settled. Plaintiff fully released Ms. Salazar from all claims arising from the accident. The...  

{1} Robert Baros (Worker) died as a result of an accident that occurred while he was working as a delivery service driver/courier for Overland Express (Employer). The... ... ... Workers' Compensation Judge (WCJ) denied workers' compensation benefits, finding that the sole cause of the accident was Worker's illegal use of methamphetamine and amphetamine. The issues presented in this appeal are (1) whether the Legislature intended to exclude methamphetamine and amphetamine from the prohibited...  

I. Introduction... {1} Defendant Anthony Tafoya pled guilty to first degree murder and was sentenced as a serious youthful offender. The Second Judicial District Court exercised its statutorily granted discretion in sentencing Defendant as a serious youthful offender by imposing a sentence of thirty years imprisonment, with ten years suspended, and four days good time credit eligibility per month. Defendant appeals the limitation on his good time credit eligibility, arguing that it violates the...  

{1} Pursuant to a writ of certiorari, requested by the City of Albuquerque, we review the district court's application of a municipal impact fee ordinance and its attendant regulations. The ordinance at issue, passed on December 10, 2004, by the City of Albuquerque and the Albuquerque City Council (City), exempts developers from paying impact fees when they possess development rights that vested prior to the ordinance's date of enactment. City of Albuquerque, N.M., Code of Ordinances §...  

{1} Defendant Daniel Montoya was convicted in a jury trial of the unlawful taking of a motor vehicle and sentenced to three years unsupervised probation. Defendant appeals his conviction and sentencing, asserting that at the time of the proceedings, he was not competent to stand trial... {2} In this case, defense counsel attempted to raise the issue of Defendant's competency before, during, and after trial; however, the district judge refused to allow counsel to raise the issue until after...  

{1} Plaintiffs-Respondents (Plaintiffs) are royalty owners who brought a class action lawsuit claiming that Defendant-Petitioner (Burlington) has underpaid royalties by improperly deducting the costs and expenses associated with placing natural gas in a marketable condition. The district court certified a class under Rule 1-023(B)(2) and (B)(3) NMRA, finding that "[t]he common pre-tailgate deduction issues and the `marketable conditions rule' continue to dominate the overall case." We...  

{1} Defendant Roxanna Tom appeals her conviction for driving while under the influence of intoxicating liquor (DWI) pursuant to NMSA 1978, Section 66-8-102(A) (2005) (amended 2007 and 2008). We reverse Defendant's conviction and remand for a new trial... BACKGROUND... {2} After dinner with friends and family in Farmington, New Mexico, Defendant, along with some family members, went out for drinks and dancing at the Turnaround Bar (the Bar). Defendant drove to the Bar around 10:00 p.m. While at...  

{1} Defendant-Appellee, Sundae Bolin, was indicted on charges of trafficking a controlled substance in violation of NMSA 1978, Section 30-31-20 (2006), and conspiracy to traffic in a controlled substance contrary to NMSA 1978, Section 30-28-2 (1979). Prior to trial, the district court granted Defendant's motion to suppress, finding that the evidence against her was obtained by police who improperly enlisted the assistance of probation officers to conduct a police investigation. The State...