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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 4 v. 5 EVANGELINE VALENCIA, 6 Defendant-Appellant. Plaintiff-Appellee, NO. 30,625

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 8 Denise Barela Shepherd, District Judge 9 Gary K. King, Attorney General 10 Ann M. Harvey, Assistant Attorney General 11 Santa Fe, NM 12 for Appellee 13 14 15 16 Jacqueline Cooper, Chief Public Defender Santa Fe, NM Vicki W. Zelle, Assistant Appellate Defender Albuquerque, NM

17 for Appellant 18 19 BUSTAMANTE, Judge. MEMORANDUM OPINION

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Following a bench trial, the metropolitan court, as a court of record, convicted

2 Evangeline Valencia (Defendant) for driving under the influence of intoxicating liquor 3 (DWI) contrary to NMSA 1978, Section 66-8-102 (2008) (amended 2010). Defendant 4 appealed to the district court, and the district court affirmed the conviction. On appeal 5 to this Court, Defendant contends that the metropolitan court and district court erred 6 in concluding that Defendant had not met her burden of establishing her duress 7 defense. Defendant contends that once she made a prima facie showing of duress, the 8 burden should have shifted to the State and the State should have been required to 9 prove, beyond a reasonable doubt, that Defendant "was not acting under duress when 10 she drove while alcohol-impaired." We hold that Defendant failed to make a prima 11 facie showing of the four factors required to establish the defense of duress for a strict 12 liability crime. See State v. Rios, 1999-NMCA-069,

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