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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, vs. No. 31,719 RONNIE TAFOYA, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Thomas J. Hynes, District Judge Gary K. King, Attorney General Santa Fe, NM for Appellee Jacqueline L. Cooper, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Albuquerque, NM for Appellant

16 MEMORANDUM OPINION GARCIA, Judge.

1 Defendant appeals his conviction for DWI. We proposed to affirm in two calendar notices. In response to our second notice, Defendant declares that a second memorandum in opposition will not be filed, but relies on facts and argument included in his memorandum in opposition to our first notice. We note that, “[a] party opposing summary disposition is required to come forward and specifically point out errors in fact and/or law.” State v. Ibarra, 116 N.M. 486, 489, 864 P.2d 302, 305 (Ct. 7 App. 1993). In addition, even considering the arguments made in Defendant’s previous memorandum in opposition, we are not persuaded that affirmance is not the correct disposition in this case. Therefore, for the reasons discussed in our calendar notices, we affirm the judgment and sentence entered by the district court.

11 IT IS SO ORDERED.

13 TIMOTHY L. GARCIA, Judge WE CONCUR:

16 JAMES J. WECHSLER, Judge

18 RODERICK T. KENNEDY, Judge