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STATE v. HRABAK

Nos. 7094, 7098.

669 P.2d 1098 (1983)

100 N.M. 303

STATE of New Mexico, Plaintiff-Appellant, v. Robert C. HRABAK and Frank L. Vomack, Defendants-Appellees.

Court of Appeals of New Mexico.

August 30, 1983.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Barbara F. Green, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Robert C. Hrabak, pro se.

Frank L. Vomack, pro se.

OPINION

HENDLEY, Judge.

Defendants were found guilty in separate trials in magistrate court of selling or giving liquor to a minor contrary to NMSA 1978, § 60-7B-1.1(A)(1) (Repl.Pamp. 1981). Defendants filed a notice of appeal to the district court. NMSA 1978, Magis.Crim.R. 41(a) (Supp. 1982). Subsequently, the State filed a motion to dismiss for violation of the six-month rule. The appeal was not heard within six months of the filing of the notice...

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