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STATE v. DeBACA

No. 2954.

568 P.2d 1252 (1977)

90 N.M. 1252

STATE of New Mexico, Plaintiff-Appellee, v. Melquides C. DeBACA, Defendant-Appellant.

Court of Appeals of New Mexico.

August 9, 1977.

Attorney(s) appearing for the Case

Thomas A. Tabet, Marchiondo & Berry, P.A., Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Roderick A. Dorr, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted in magistrate court of driving while under the influence of liquor and careless driving, defendant appealed to the district court. The notice of appeal was filed in the district court on August 6, 1976. The district court trial was held on March 3, 1977. The district court found defendant guilty; he appealed to this Court. The dispositive issue concerns the time of the district court trial and involves three rules adopted...

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