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STATE v. MONTOYA

No. 3681.

600 P.2d 292 (1979)

93 N.M. 346

STATE of New Mexico, Plaintiff-Appellant, v. Joseph D. MONTOYA, Defendant-Appellee.

Court of Appeals of New Mexico.

January 2, 1979.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Janice M. Ahern, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

James M. Scarborough, Espanola, for defendant-appellee.

OPINION

WOOD, Chief Judge.

This appeal, from the trial court's dismissal of the indictment, presents issues concerning: (1) double jeopardy, and (2) jurisdiction of the trial court.

A delinquency petition was filed in the Children's Court alleging: (a) D.W.I. (driving while under the influence of intoxicating liquor or drugs), (b) reckless driving, (c) involuntary manslaughter, and (d) homicide by vehicle. During the trial on these charges before...

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