State v. Devara (Unpublished Opinion)
Annotate this Case
Download PDF
This decision of the Supreme Court of New Mexico was not selected for publication in the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions. Electronic decisions may contain computergenerated errors or other deviations from the official version filed by the Supreme Court. IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Filing Date: November 29, 2021 No. S-1-SC-38855 STATE OF NEW MEXICO, Plaintiff-Appellee, v. RICKY DEVARA, Defendant-Appellant. ORIGINAL PROCEEDING ON CERTIORARI James Waylon Counts, District Judge Bennett J. Baur, Chief Public Defender Kimberly M. Chavez Cook, Appellate Defender Carrie Cochran, Assistant Appellate Defender Santa Fe, NM for Defendant-Appellant Hector H. Balderas, Attorney General John Kloss, Assistant Attorney General Santa Fe, NM for Plaintiff-Appellee DISPOSITIONAL ORDER OF REVERSAL THOMSON, Justice. {1} WHEREAS, this matter came before the Court upon Defendant Ricky Devara’s petition for writ of certiorari filed pursuant to Rule 12-502 NMRA requesting that this Court reverse the Court of Appeals’ memorandum opinion, which concluded that under State v. Torrez, 2013-NMSC-034, ¶ 10, 305 P.3d 944, and Rule 5-701(A) NMRA, the district court did not have the authority to determine the evidence supporting Defendant’s conviction for driving while intoxicated was legally insufficient. State v. Devara, A-1-CA-38922, mem. op. ¶¶ 2, 4 (N.M. Ct. App. May 13, 2021); {2} WHEREAS, Defendant notified this Court that State v. Martinez, S-1-SC-37938, raised the same legal issue and was argued on May 5, 2021. See Rule 12-202(G) NMRA (“A party has a continuing obligation to alert the appellate court to any related appeals that come to the party’s attention.”); {3} WHEREAS, this Court issued an opinion in State v. Martinez, 2021-NMSC-___, ___ P.3d ___ (S-1-SC-37938, Nov. 1, 2021); {4} WHEREAS, the Court concludes that the issue of law presented in this case was addressed by the Court’s opinion in Martinez, id.; and {5} WHEREAS, the Court exercises its discretion under Rule 12-405(B)(1) NMRA to dispose of this case by nonprecedential order rather than a formal opinion; {6} NOW, THEREFORE, IT IS ORDERED that the memorandum opinion of the Court of Appeals is reversed, and the matter is remanded to the Court of Appeals for further proceedings in accordance with Martinez, 2021-NMSC-___. {7} IT IS SO ORDERED. MICHAEL E. VIGIL, Chief Justice C. SHANNON BACON, Justice DAVID K. THOMSON, Justice JULIE J. VARGAS, Justice
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
