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

2 STATE OF NEW MEXICO, 3 Plaintiff-Appellee, 4 v. No. 35,004 JAY CHARLEY, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Briana H. Zamora, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Jorge A. Alvarado, Chief Public Defender Santa Fe, NM Steven J. Forsberg, Assistant Appellate Defender Albuquerque, NM for Appellant

17 MEMORANDUM OPINION HANISEE Judge.

1 {1} Defendant-Appellant Jay Charley (Defendant) has appealed from a conviction for aggravated DWI. We previously issued a notice of proposed summary disposition in which we proposed to uphold the conviction. Defendant has filed a combined memorandum in opposition and motion to accept as timely. The motion is hereby granted.

6 {2} Defendant continues to challenge the sufficiency of the evidence to support the conviction. [MIO 1] We gather that he may also renew his challenge to the denial of his motion to suppress. [MIO 1] However, Defendant advances no new argument or authority. We therefore remain unpersuaded.

10 {3} Accordingly, for the reasons described in the notice of proposed summary disposition, we affirm.

12 {4} IT IS SO ORDERED.

14 J. MILES HANISEE, Judge

15 WE CONCUR:

17 MICHAEL E. VIGIL, Chief Judge

2 RODERICK T. KENNEDY, Judge