State v. Montano

BOHNHOFF, Judge.

{1} Roy Montano (Defendant) was convicted of aggravated fleeing from a law enforcement officer in violation of NMSA 1978, Section 30-22-1.1(A) (2003). Defendant contends on appeal, as he argued below, that the Curry County Sheriff's Office deputy whose signals to stop Defendant refused to obey was neither "uniformed" nor in "an appropriately marked law enforcement vehicle" as required by the statute. See id. We conclude that, while the deputy's vehicle complied with the statutory requirement, the clothes that he was wearing did not constitute a uniform. We therefore reverse…