STATE v. MARTINEZ

No. 3620.

587 P.2d 438 (1978)

92 N.M. 291

STATE of New Mexico, Plaintiff-Appellant, v. Linda MARTINEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied Supreme Court Order Quashing Certiorari November 15, 1978.


Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Don D. Montoya, Dennis P. Murphy, Asst. Attys. Gen., Santa Fe, for plaintiff-appellant.

Joseph A. Sommer, Sommer, Lawler & Scheuer, P.A., Santa Fe, for defendant-appellee.


OPINION

WOOD, Chief Judge.

Defendant was convicted of two counts of fraud over $2,500. We are not concerned here with defendant's appeal. After the verdicts were returned, the trial court held that conviction of one of the counts was barred by the statute of limitation. The State has appealed that ruling. We discuss: (1) commencement of prosecution; (2) tolling; and (3) whether tolling may be applied.

Commencement of Prosecution

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