v.
Barrios
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
STATE OF NEW MEXICO,
Plaintiff-Appellee,
v. NO. 34,477
JOSEPH BARRIOS,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Brett R. Loveless, 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
MEMORANDUM OPINION GARCIA, Judge. {1} Defendant appeals from the district court’s judgment affirming his bench trial convictions for aggravated DWI, failure to maintain lane, and failure to use turn signal following an on-record appeal from his metropolitan court conviction. [RP 71, 98, 107] Our notice proposed to affirm, and Defendant filed a memorandum in opposition (MIO). We remain unpersuaded by Defendant’s arguments and therefore affirm. {2} In his MIO, Defendant continues to assert that reversal is merited. [MIO 1] Defendant does not contest our recitation of facts [MIO 1] or otherwise specifically challenge our application of the law. See State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (“A party responding to a summary calendar notice must come forward and specifically point out errors of law and fact.”), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374. For the reasons extensively detailed in our notice, we hold that the district court did not err in denying his requested continuance and that Defendant failed to establish a prima facie case of ineffective assistance of counsel. {3} Lastly, as we pointed out in our notice, Defendant’s ineffective assistance of counsel argument would be more appropriately addressed in habeas proceedings. [CN 7] See generally State v. Roybal, 2002-NMSC-027, ¶ 19, 132 N.M. 657, 54 P.3d 61 (stating that, if facts necessary to a full determination are not part of the record, an ineffective assistance claim is more appropriately brought through a habeas corpus petition).
[*2]{4} To conclude, we affirm Defendant’s convictions. {5} IT IS SO ORDERED.
________________________________ TIMOTHY L. GARCIA, Judge WE CONCUR:
_______________________________ MICHAEL E. VIGIL, Chief Judge
_______________________________ M. MONICA ZAMORA, Judge
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