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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellant, v. No. 33,319 DARRYL PAUL, 6 Defendant-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Robert A. Aragon, District Judge Hector H. Balderas, Attorney General Santa Fe, NM M. Anne Kelly, Assistant Attorney General Albuquerque, NM for Appellant Law Works LLC John A. McCall Albuquerque, NM for Appellee 18 MEMORANDUM OPINION FRY, Judge.

1 {1} This case is before us on remand from our Supreme Court. We previously filed an opinion in this case affirming the district court’s dismissal of Defendant’s vehicular homicide charge for lack of jurisdiction. State v. Paul, No. 33,319, mem. op. (N.M. Ct. App. Mar. 26, 2015). The Supreme Court granted the State’s petition for writ of certiorari and remanded the case for reconsideration of our decision in light of State v. Steven B. (Steven B. II), 2015-NMSC-020, 352 P.3d 1181.

7 {2} Because this is a memorandum opinion and because we summarized the facts in our prior opinion, we do not reiterate the factual summary here. It suffices to say that we affirmed the district court’s dismissal of the charges against Defendant by relying on our own precedent, State v. Steven B. (Steven B. I), 2013-NMCA-078, 306 11 P.3d 509, and State v. Dick, 1999-NMCA-062, 127 N.M. 382, 981 P.2d 796. In those cases, we held that the area where the accident in the present case occurred—Parcel Three of the former Fort Wingate Military Reservation—was a dependent Indian community over which the State did not have jurisdiction. See Steven B. I, 2013- NMCA-078, ¶¶ 15-16; Dick, 1999-NMCA-062, ¶¶ 3-4. Our Supreme Court reversed the holding in Steven B. I and overruled the holding in Dick in Steven B. II. 2015- NMSC-020, ¶¶ 3, 36. The Court held that Parcel Three is not a dependent Indian community. Steven B. II, 2015-NMSC-020, ¶ 50.

19 {3} Because we are bound by Supreme Court precedent, see Alexander v. Delgado,

1 1973-NMSC-030, ¶ 9, 84 N.M. 717, 507 P.2d 778, we now conclude that the district court erred in dismissing the charge against Defendant. We reverse the district court’s judgment and remand for proceedings consistent with this Opinion.

4 {4} IT IS SO ORDERED.

5 __________________________________ 6 CYNTHIA A. FRY, Judge

7 WE CONCUR:

8 _________________________________ MICHAEL D. BUSTAMANTE, Judge

10 _________________________________ LINDA M. VANZI, Judge