State v. Montoya State v. Yap

OPINION

WECHSLER, Judge.

{1} In the interest of judicial economy, the Court is filing a consolidated opinion addressing two different appeals. Defendant Andrea Montoya and Defendant Michael Yap appeal their convictions for driving under the influence of intoxicating liquor or drugs (DWI), contrary to NMSA 1978, § 66-8-102 (2010). Both Defendants were represented by the same trial counsel and argue on appeal that, because no uncertainty computation was applied to their breath alcohol test (BAT) results, the results are unreliable such that admission into evidence at trial constituted an abuse of…