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STATE v. BENALLY

No. 5918.

658 P.2d 1142 (1983)

99 N.M. 415

STATE of New Mexico, Plaintiff-Appellant, v. Donald BENALLY, Defendant-Appellee.

Court of Appeals of New Mexico.

February 1, 1983.

Attorney(s) appearing for the Case

William P. Slattery, Asst. Appellate Defender, Santa Fe, for plaintiff-appellant.

Jeff Bingaman, Atty. Gen., Carol Vigil and Ann M. Harvey, Asst. Attys. Gen., Santa Fe, for defendant-appellee.

OPINION

WALTERS, Chief Judge.

The State appeals the dismissal with prejudice of an amended criminal information, pursuant to the 6-month limitation of R.Crim.Proc. 37, N.M.S.A. 1978. [The version of Rule 37 appearing in the 1980 Replacement Pamphlet applies to this case.] The State contends that the filing of the amended criminal information superseded an earlier information filed in the case, and that the amended...

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