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STATE v. LOPEZ

No. 5902.

658 P.2d 460 (1983)

99 N.M. 385

STATE of New Mexico, Plaintiff-Appellant, v. Rudy Andy LOPEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

January 18, 1983.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Marcia E. White, Deputy Atty. Gen., Santa Fe, for plaintiff-appellant.

J. Thomas Sullivan, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

WALTERS, Chief Judge.

The State appeals an order of the trial court dismissing a criminal indictment with prejudice on the ground that the State was not ready to proceed on the date set for trial.

The State announced at the outset that if defendant would stipulate to the admissibility of videotapes, the case could be tried. The officer who had the videotapes, however, had not been subpoenaed in accordance with N.M.R.Crim.P. 48(a), N.M.S.A...

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