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STATE v. CALANCHE

No. 3174.

574 P.2d 1018 (1978)

91 N.M. 390

STATE of New Mexico, Plaintiff-Appellant, v. Pascual B. CALANCHE, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing denied January 23, 1978.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Chad Dickerson, Losee & Carson, P.A., Artesia, for defendant-appellee.

OPINION

WOOD, Chief Judge.

The issue is the validity of defendant's delayed warrantless arrest for driving while under the influence of intoxicating liquor. Section 64-22-2, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 2). We discuss: (1) misdemeanor arrest; (2) State v. Trujillo, 85 N.M. 208, 510 P.2d 1079 (Ct.App. 1973); (3) exigent circumstances which have no factual support; and (4) § 64-22-8.2, N.M.S.A. 1953 (2d...

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