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STATE v. GALLEGOS

No. 7646.

685 P.2d 381 (1984)

101 N.M. 526

STATE of New Mexico, Plaintiff-Appellant, v. Jerry R. GALLEGOS, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 2, 1984.

Attorney(s) appearing for the Case

Steven H. Schiff, Dist. Atty., Alfred M. Sanchez, Asst. Dist. Atty., Second Judicial Dist., Albuquerque, for plaintiff-appellant.

Kenneth G. Pompei, Tryon, Pompei & Baker, P.A., Albuquerque, for defendant-appellee.

OPINION

WOOD, Judge.

The state appeals the trial court's dismissal with prejudice of one of two metropolitan court convictions for DWI (driving while under the influence of intoxicating liquor) which had been appealed to the district court. Our discussion is divided into: (1) factual and procedural background, and (2) jurisdictional contentions.

BACKGROUND

A criminal complaint charged defendant with DWI (third offense) and additional traffic...

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