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STATE v. MESTAS

No. 4092.

605 P.2d 1164 (1980)

93 N.M. 765

STATE of New Mexico, Plaintiff-Appellee, v. Jerry Lewis MESTAS, Defendant-Appellant.

Court of Appeals of New Mexico.

January 3, 1980.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Michael Dickman, Asst. Appellate Defender, Santa Fe, Charles Finley, Albuquerque, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

Defendant appeals an order denying his double jeopardy claim. We discuss: (1) whether the order is appealable, and (2) prosecutor misconduct which prohibits a retrial.

Whether the Order is Appealable

Defendant was convicted of criminal sexual penetration in the second degree and kidnapping. These convictions were reversed by memorandum opinion of this Court in State v. Mestas, (Ct.App.) No. 3608...

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