STATE v. MARES

No. 3758.

594 P.2d 347 (1979)

STATE of New Mexico, Plaintiff-Appellant, v. Ray D. MARES, Defendant-Appellee.

Court of Appeals of New Mexico.

Writ of Certiorari Denied May 2, 1979.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Jacob G. Vigil, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Ernesto J. Romero, Gary V. Stone, Albuquerque, for defendant-appellee.


OPINION

WOOD, Chief Judge.

Defendant, identified as a sheriff's department peace officer, was charged with the unlawful touching or application of force with intent to injure, by use of a firearm. This was a charge of aggravated battery, with firearm enhancement. Sections 30-3-5 and 31-18-4, N.M.S.A. 1978. At a pretrial hearing, the trial court granted defendant's motion to dismiss. The State appealed. We reverse, discussing: (1) propriety of the pretrial...

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