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STATE v. TANTON

No. 1658.

536 P.2d 269 (1975)

88 N.M. 5

STATE of New Mexico, Plaintiff-Appellee, v. Ricky TANTON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted June 2, 1975.

Attorney(s) appearing for the Case

Leo C. Kelly, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Jay F. Rosenthal, Ralph W. Muxlow, II, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

This appeal is concerned with the provision of N.M.Const., Art. II, § 15 which provides that no person shall "be twice put in jeopardy for the same offense * * *." The issue presented is whether a muncipal court conviction may bar a subsequent district court prosecution. On the issue presented we hold that the principles of double jeopardy apply.

Betsy Guzman was struck and killed by an automobile in Grants, New Mexico...

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