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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. 34,177 JEANNINE LEYBA, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Brett Loveless, District Judge 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.

1 {1} Defendant appeals from the district court’s judgment affirming her DWI conviction following an on-record appeal from her metropolitan court conviction. [RP 59, 69] Our notice proposed to affirm, and Defendant filed a memorandum in opposition (MIO). We remain unpersuaded by Defendant’s arguments and therefore affirm.

6 {2} Defendant continues to argue that the officer lacked probable cause to arrest her for DWI. [DS 10; MIO 1] See generally State v. Granillo-Macias, 2008-NMCA-021, ¶¶ 7, 9, 143 N.M. 455, 176 P.3d 1187 (setting forth our standard of review and providing that probable cause to arrest exists “when the facts and circumstances within the officer’s knowledge are sufficient to warrant the officer to believe that an offense has been or is being committed”). Defendant does not dispute the facts, but urges this Court to re-examine the legal conclusion reached by the metropolitan court.

13 [MIO 1] For the reasons detailed in our notice, however, we agree with the metropolitan court’s ruling, and we therefore affirm.

15 {3} IT IS SO ORDERED.

16 ________________________________ 17 JAMES J. WECHSLER, Judge

18 WE CONCUR:

1 ________________________________ MICHAEL D. BUSTAMANTE, Judge

3 ________________________________ M. MONICA ZAMORA, Judge