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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 31,766 ANGELICA SANCHEZ, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Karen L. Townsend, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Jacqueline L. Cooper, Chief Public Defender Sergio Viscoli, Assistant Appellate Defender Santa Fe, NM for Appellant

16 MEMORANDUM OPINION GARCIA, Judge.

1 Defendant appeals her conviction for DWI. We issued a notice of proposed summary disposition, proposing to uphold the conviction. Defendant has filed a memorandum in opposition. After due consideration, we remain unpersuaded. We therefore affirm.

5 Defendant has raised a single issue, contending that the admission of her breath- alcohol test (BAT) results violated her constitutional right to confrontation, insofar as the State failed to call the individual or individuals who calibrated and certified the BAT machine.

9 As we observed in our notice of proposed summary disposition, this Court’s recent decision in the case of State v. Anaya, No. 30,675, slip op. ¶¶ 22-25 (N.M. Ct. App. June 7, 2012), establishes that the Confrontation Clause does not apply relative to the evidence in question.

13 In her memorandum in opposition Defendant acknowledges that Anaya is dispositive, but suggests that we reconsider. [MIO 4-5] We decline the invitation.

15 Accordingly, for the reasons stated, we affirm.

16 IT IS SO ORDERED.

19 TIMOTHY L. GARCIA, Judge WE CONCUR:

3 MICHAEL E. VIGIL, Judge

5 LINDA M. VANZI, Judge