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STATE v. GARCIA

No. 7343.

680 P.2d 613 (1984)

STATE of New Mexico, Plaintiff-Appellee, v. David GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Quashed April 26, 1984.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., William Lazar, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Anthony F. Avallone, Law Systems of Las Cruces, P.A., Las Cruces, Albert J. Rivera, Albert J. Rivera, P.A., Alamogordo, for defendant-appellant.

OPINION

HENDLEY, Judge.

Defendant appeals the district court's denial of his motions filed pursuant to NMSA 1978, Crim.P.R. 57 (Repl.Pamp. 1980). The cause was originally assigned to a summary calendar with dismissal proposed because Rule 57(a) provides that "[t]he order of the district court on a motion under this rule is final and not subject to appeal." Subsequently, the case was reassigned to a legal calendar with instructions to brief the following...

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