STATE v. ERICKSEN

No. 4141.

607 P.2d 666 (1980)

94 N.M. 128

STATE of New Mexico, Plaintiff-Appellant, v. Robert ERICKSEN, Omar Gustavo Procell, Darrell Behling, Robert J. Crockett, Robert Duncan and Jayme Williams, Defendants-Appellees.

Court of Appeals of New Mexico.

February 12, 1980.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Arthur Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Joseph (SIB) Abraham, Jr., Charles Louis Roberts, El Paso, Tex., Albert Rivera, Alamogordo, Albert H. Engel, Neumeyer, Engel & Olszta, Las Cruces, for defendants-appellees.


OPINION

WALTERS, Judge.

The State contends that the judge designated to hear this case had no jurisdiction to enter an order dismissing the charges against defendants Ericksen, Procell, Crockett and Williams, with prejudice, after the district attorney had filed a notice of nolle prosequi dismissing the cause without prejudice.

Under ordinary circumstances, the State's position is correct. See

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