April 29, 2019- State of New Mexico v. William Whitehead, No. A-1-CA-37425

1 	IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 	STATE OF NEW MEXICO,
3 	Plaintiff-Appellee,
4 v. 	No. A-1-CA-37425
5 WILLIAM WHITEHEAD,.
6 	Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY
8 Drew D. Tatum, District Judge
9 Hector H. Balderas, Attorney General
10 Eran S. Sharon, Assistant Attorney General
11 	Santa Fe, NM
12 for Appellee
13 	Bennett J. Baur, Chief Public Defender
14 Santa Fe, NM
15 	Steven James Forsberg, Assistant Appellate Defender
16 Albuquerque, NM
17 for Appellant
18 	MEMORANDUM OPINION
19 V ANZI, Judge.
20 	{l} 	Willi~m Whitehead (Defendant) appeals from his sentencing as a five-time
21 	driving while intoxicated (DWI) offender. On appeal, Defendant argued that the
22 district court erred in enhancing his sentence as a five-time offender, where the
Court of Appeals of New Mexico
Filed 4/29/2019 11:45 AM
Mark Reynolds

1 evidence that the State presented to establish Defendant's identity for two of the prior
2 convictions was insufficient, because the only evidence that contained specific
3 identifiers linking Defendant to those priors was an inadmissible printout from an
4 unidentified source. This Court issued a notice of proposed disposition, proposing to
5 reverse. In response, the State has filed a notice of its intent not to file a memorandum
6 in opposition to our notice of proposed disposition.
7 {2} 	Accordingly, we rely on the reasoning contained in our notice of proposed
8 disposition and we reverse the 	sentence imposed and remand for 	sentencing
9 consistent with this Court's notice of proposed disposition.
10 	{3}
11
12
IT IS SO ORDERED.
13 	WE CONCUR:
16 	~,47i_ 	_..
17 JE~ 	i:ATTREP,Judge
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