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STATE v. ORDUNEZ

No. 32,589.

283 P.3d 282 (2012)

2012-NMSC-024

STATE of New Mexico, Plaintiff-Petitioner, v. Jose Alfredo ORDUNEZ, Defendant-Respondent.

Supreme Court of New Mexico.

July 19, 2012.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Ann M. Harvey , Assistant Attorney General, Santa Fe, NM, for Plaintiff-Petitioner.

Jacqueline L. Cooper , Chief Public Defender, Carlos Ruiz de la Torre , Assistant Appellate Defender, Santa Fe, NM, for Defendant-Respondent.

OPINION

DANIELS, Justice.

{¶ 1} Defendant Jose Ordunez pleaded guilty to a 2004 fourth-offense aggravated DWI. He was incarcerated for six months and then served a lengthy probationary period. In 2007, Defendant was arrested for another DWI in violation of his 2004 probation conditions, but a probation revocation hearing was not held before the probationary term from the 2004 DWI had expired. The district court concluded that the applicable...

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