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STATE v. STEVENS

No. 4733.

635 P.2d 308 (1981)

96 N.M. 753

STATE of New Mexico, Plaintiff-Appellee, v. Willie James STEVENS, Defendant-Appellant.

Court of Appeals of New Mexico.

January 29, 1981.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Melanie S. Kenton, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Charles F. Noble, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of murder in the second degree, defendant appeals. He contends that the successive reindictments on more serious charges arising out of the same incident violated his due process rights. We agree and reverse.

The chronology of events is as follows:

— April 20, 1978. Defendant was indicted in Criminal Cause No. 30551 for aggravated assault with firearm enhancement and voluntary manslaughter or, in...

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