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STATE v. DAY

No. 25,290.

144 P.3d 103 (2006)

2006-NMCA-124

STATE of New Mexico, Plaintiff-Appellee, v. John C. DAY III, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted September 13, 2006.

Revised October 11, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Appellee.

John Bigelow, Chief Public Defender, Will O'Connell, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 29,953, September 13, 2006.

OPINION

SUTIN, Judge.

{1} The State has filed a motion for rehearing and a motion and renewed motion for an immediate stay. The panel members of the original panel have considered the State's motions and hereby deny those motions. We withdraw the opinion filed June 1, 2006, and this opinion is substituted in its stead.

{2} Defendant John Day appeals his conviction for driving while intoxicated...

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