Opinion
No. 33,698
12-30-2014
IRIS PARTIDA, Petitioner-Appellant, v. MOTOR VEHICLE DIVISION DEPARTMENT OF TAXATION AND REVENUE, STATE OF NEW MEXICO, KEITH PERRY, DIRECTOR, Respondent-Appellee.
Victor Titus Farmington, NM for Appellant N.M. Taxation and Revenue Department Julia A. Belles Santa Fe, NM for Appellee
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
John A. Dean, Jr., District Judge Victor Titus
Farmington, NM for Appellant N.M. Taxation and Revenue Department
Julia A. Belles
Santa Fe, NM for Appellee
MEMORANDUM OPINION
FRY, Judge. {1} Petitioner appeals from an order affirming the revocation of her driver's license. We previously issued a notice of proposed summary disposition in which we proposed to affirm. Petitioner has filed a memorandum in opposition, which we have duly considered. Because we remain unpersuaded by Petitioner's assertions of error, we affirm. {2} The only issue before us on direct appeal is a challenge to the district court's failure to hold a de novo hearing on the constitutionality of the stop and arrest preceding the revocation of Petitioner's license. [DS 9] As we observed in the notice of proposed summary disposition, the district court appropriately reviewed the MVD's determination in its appellate capacity. [RP 263-65] See Schuster v. State of N.M. Taxation & Revenue Dep't, 2012-NMSC-025, ¶¶ 22-23, 283 P.3d 288. {3} In her memorandum in opposition Petitioner contends that the district court erred in conducting appellate review of the MVD's determination, Schuster notwithstanding, on grounds that she "has never had a full and fair hearing on the constitutionality of her arrest before any tribunal." [MIO 2] Petitioner contends that the district court "could not simply review the MVD record and make a constitutional decision on the facts below when the MVD would not allow a full development of the facts, [and did not conduct] any analysis of the constitutional issue." [MIO 7] {4} If the MVD had disallowed evidence and failed to evaluate the constitutionality of the arrest as Petitioner suggests, we would have serious concerns about the underlying proceedings. However, the record belies Petitioner's assertions. As we previously observed in the second notice of proposed summary disposition, as well as in the course of the preceding appeal, the hearing officer clearly considered both the evidence and the arguments advanced by Petitioner concerning the constitutionality of the traffic stop and the ensuing arrest, and issued thoughtful rulings on those matters. [RP 49-52, 260-61] Under the circumstances, we reject Petitioner's characterization of the scope of the proceedings before the MVD. See generally State v. Calanche 1978-NMCA-007, ¶ 10, 91 N.M. 390, 574 P.2d 1018 (observing that while we generally accept the statements of fact within the docketing statement, we will not accept such factual recitations if the record shows otherwise). Insofar as MVD admitted the relevant evidence and evaluated the constitutionality of the arrest, we perceive no basis for departing from Schuster. Therefore, the district court's refusal to conduct de novo proceedings was proper. {5} Accordingly, for the reasons stated above and in the notice of proposed summary disposition, we affirm.
{6} IT IS SO ORDERED.
/s/ _________
CYNTHIA A. FRY, Judge
WE CONCUR:
/s/ _________
RODERICK T. KENNEDY, Chief Judge /s/ _________
M. MONICA ZAMORA, Judge