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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

7 CITY OF RIO RANCHO, 8 9 v. 10 RUBEN DURAN, 11

Plaintiff-Appellee, NO. 29,383

Defendant-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 13 John F. Davis, District Judge 14 Gina R. Manfredi, Assistant City Attorney 15 Rio Rancho, NM 16 for Appellee 17 Scott M. Davidson 18 Albuquerque, NM 19 for Appellant 20 21 VIGIL, Judge. 22

MEMORANDUM OPINION

Defendant Ruben Duran appeals his conviction after a de novo bench trial

23 for driving while under the influence of intoxicating liquor (DWI) in violation of

1 Rio Rancho Revised Ordinance 12-6-12.1. [RP 77] Defendant raises two issues: 2 (1) sufficiency of the evidence; and (2) whether admission of evidence of 3 Defendant's refusal to submit to a breath test violated Article II, Section 15 of the 4 New Mexico Constitution. This Court issued a calendar notice proposing to 5 affirm. Defendant filed a memorandum in opposition, which we have given due 6 consideration. We affirm Defendant's conviction. 7 SUFFICIENCY OF THE EVIDENCE 8

Defendant first argues that there was not sufficient evidence to support a

9 conviction. This is a question of law which we review de novo. State v. 10 Neatherlin, 2007-NMCA-035,

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