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STATE v. CHAVEZ

No. 3877.

599 P.2d 1067 (1979)

93 N.M. 270

STATE of New Mexico, Plaintiff-Appellant, v. Joe Nestor Chavez, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied June 20, 1979.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Robert G. Sloan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

William C. Marchiondo, Marchiondo & Berry, P.A., Warren O.F. Harris, P.A., Albuquerque, for defendant-appellee.

OPINION

WOOD, Chief Judge.

This appeal involves the filing of a criminal information after the grand jury had refused to indict. The trial court dismissed the information; the State appeals. We (1) identify the appellate issue; (2) discuss the authority of the district attorney; and (3) further proceedings before the trial court.

Identification of the Appellate Issue

The grand jury investigated the graveling of certain roads in Bernalillo...

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