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

2 CITY OF FARMINGTON, 3 Plaintiff-Appellee, v. NO. 34,959 BERNADETTE FONTENELLE, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Karen L. Townsend, District Judge City of Farmington Jennifer Breakell Farmington, NM for Appellee Harry Kassakhian Irvine, CA L. Helen Bennett Albuquerque, NM for Appellant 18 MEMORANDUM OPINION KENNEDY, Judge.

1 {1} Appellant Bernadette Fontenelle (Defendant) appeals her conviction for first aggravated DWI (refusal). [RP 132] Our notice proposed to affirm, and in response Defendant filed a “notice of intent not to file a memorandum in opposition to proposed summary affirmance.” Accordingly, for the reasons extensively detailed in our notice, we affirm.

6 {2} IT IS SO ORDERED.

7 _______________________________ 8 RODERICK T. KENNEDY, Judge

9 WE CONCUR:

10 ___________________________________ MICHAEL E. VIGIL, Chief Judge

12 _________________________________ JAMES J. WECHSLER, Judge