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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. 34,263 OZE KOREH, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Christina P. Argyres, District Judge

9 Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender Steven J. Forsberg, Assistant Public Defender Albuquerque, NM for Appellant

16 MEMORANDUM OPINION WECHSLER, Judge.

2 {1} Defendant has appealed from a conviction for DWI. We previously issued a notice of proposed summary disposition in which we proposed to uphold the conviction. Defendant has filed a memorandum in opposition. After due consideration, we remain unpersuaded. We therefore affirm.

6 {2} Defendant has challenged the denial of his motion to suppress based upon the loss of two video recordings. In the notice of proposed summary disposition we opined that the court duly considered the relevant factors, see generally State v. Chouinard, 1981-NMSC-096, ¶¶ 23-24, 96 N.M. 658, 634 P.2d 680, and appropriately concluded that weightier sanctions were not warranted. See, e.g., State v. Duarte, 2007-NMCA-012, ¶¶ 11-12, 140 N.M. 930, 149 P.3d 1027 (arriving at the same conclusion under analogous circumstances).

13 {3} Defendant does not take issue with our analysis. Instead, he invites the Court to re-examine Chouinard. [MIO 1] We must decline the invitation. See generally Alexander v. Delgado, 1973-NMSC-030, ¶ 9, 84 N.M. 717, 507 P.2d 778 (“[T]he Court of Appeals is to be governed by the precedents of this [C]ourt.).

17 {4} Accordingly, for the foregoing reasons, as well as the reasons set forth in the notice of proposed summary disposition, we affirm.

19 {5} IT IS SO ORDERED.

1 ________________________________ 2 JAMES J. WECHSLER, Judge

3 WE CONCUR:

4 ________________________________ LINDA M. VANZI, Judge

6 ________________________________ M. MONICA ZAMORA, Judge