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STATE v. SMALLWOOD

No. 4233.

608 P.2d 537 (1980)

94 N.M. 225

STATE of New Mexico, Plaintiff-Appellant, v. Robert M. SMALLWOOD and Michael Cullan Miller, Defendants-Appellees.

Court of Appeals of New Mexico.

March 4, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Walter G. Lombardi, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

John B. Bigelow, Chief Public Defender, Candace Kern, Asst. Public Defender, Martha A. Daly, App. Defender, Santa Fe, for defendant-appellee Smallwood.

William Lazar, Espanola, for defendant-appellee Miller.

OPINION

WALTERS, Judge.

The State appeals from the dismissal of robbery charges brought in San Miguel County against both defendants.

The prosecutions were initiated by criminal complaints filed in Magistrate Court. On May 21, 1979, a preliminary hearing on the two complaints was held before the local magistrate judge. The magistrate found, after presentation of evidence, that probable cause existed to believe...

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