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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO STATE OF NEW MEXICO, 3 Plaintiff-Appellee, v. NO. A-1-CA-36551 DAMIAN ARENAS, 6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Karen L. Townsend, District Judge Hector H. Balderas, Attorney General Santa Fe, NM for Appellee Bennett J. Baur, Chief Public Defender Santa Fe, NM Steven J. Forsberg, Assistant Appellate Defender Albuquerque, NM for Appellant 17 MEMORANDUM OPINION VIGIL, Judge.

19 {1} Defendant appeals from his conviction for felony DWI, entered pursuant to a conditional plea, wherein he reserved the right to appeal the district court’s denial of his motion to dismiss on speedy trial grounds. This Court issued a calendar notice proposing to affirm relying, in part, on State v. Hill, 2005-NMCA-143, ¶ 12, 138 N.M. 4 693, 125 P.2d 1175. Defendant has filed a memorandum in opposition requesting that this Court revisit our holding in Hill. However, given that our holding in Hill was premised on binding New Mexico Supreme Court precedent, we decline to revisit that holding. As a result, we conclude that Defendant has not demonstrated a speedy trial violation. Accordingly, we affirm.

9 IT IS SO ORDERED.

10 _________________________________ 11 MICHAEL E. VIGIL, Judge

12 WE CONCUR:

13 ___________________________ JULIE J. VARGAS, Judge

15 ___________________________ STEPHEN G. FRENCH, Judge