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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. 34,013 DAVID MCBRIDE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY Daniel Viramontes, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender Kathleen T. Baldridge, Assistant Appellate Defender Santa Fe, NM for Appellant 16 MEMORANDUM OPINION VANZI, Judge.

18 {1} Defendant David McBride appeals his convictions for robbery and conspiracy to commit robbery. In our notice of proposed summary disposition, we proposed to affirm. Defendant has filed a memorandum in opposition, which we have duly considered. Because we do not find Defendant’s arguments persuasive, we affirm.

3 Sufficiency of the Evidence {2} Defendant contends that there was insufficient evidence to support his convictions. [DS 3-4] He claims that Victim’s identification of Defendant was insufficient because Victim initially testified he could not identify Defendant, and then Victim was recalled to testify and identified Defendant as the third person who beat and robbed him. [DS 2-3] In this Court’s notice of proposed summary disposition, we proposed to hold that the evidence was sufficient. We pointed out that, as an appellate court, we will not second guess the jury’s credibility determinations, reweigh the evidence, or substitute our judgment for that of the jury, as long as there is sufficient evidence to support the jury’s verdict. State v. Garcia, 2011-NMSC-003, ¶ 5, 149 13 N.M. 185, 246 P.3d 1057.

14 {3} In Defendant’s memorandum in opposition, he continues to argue that Victim was not credible. [MIO 5] However, he provides no authority that would permit this Court to reweigh the evidence in the manner that he proposes.

17 {4} Accordingly, for the reasons stated here and in our notice, we hold that the evidence was sufficient.

1 Ineffective Assistance of Counsel {5} In his docketing statement, Defendant also raised an ineffective assistance of counsel claim because trial counsel failed to file a docketing statement. [DS 5] In his memorandum in opposition, Defendant withdraws this claim. [MIO 6] {6} Therefore, for the reasons stated here and in our notice of proposed summary disposition, we affirm.

7 {7} IT IS SO ORDERED.

8 __________________________________ 9 LINDA M. VANZI, Judge WE CONCUR:

11 _________________________________ RODERICK T. KENNEDY, Judge

13 _________________________________ TIMOTHY L. GARCIA, Judge