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STATE v. TAFOYA

No. 2997.

570 P.2d 1148 (1977)

91 N.M. 121

STATE of New Mexico, Plaintiff-Appellant, v. Ricardo TAFOYA, Defendant-Appellee.

Court of Appeals of New Mexico.

October 11, 1977.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Suzanne Tanner, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

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

OPINION

WOOD, Chief Judge.

The trial court granted defendant's motion to dismiss the indictment because of pre-indictment delay. The State appeals. We discuss three issues: (1) due process; (2) right to a speedy trial; and (3) deciding a speedy trial issue.

The grand jury indictment, filed in the district court on February 16, 1977 charged defendant with committing larceny on May 11, 1976. Defendant moved to dismiss alleging both a denial of due...

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