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State v. Druktenis1/30/2004
CASTILLO, Judge (specially concurring).
I concur in all of Judge Sutin's opinion, except the inclusion of the equal protection analysis in Part V of the opinion. While I agree that the analyses for substantive due process and for equal protection are similar, Defendant did not brief the equal protection argument. Issues not briefed are not normally reviewed by the appellate court. See City of Santa Fe v. Komis, 114 N.M. 659, 665, 845 P.2d 753, 759 (1992). Further, the issues in this opinion can be decided without an equal protection analysis. Consequently, I specially concur to voice my concern about this portion of the opinion.
CELIA FOY CASTILLO, Judge
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