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SMITH v. LOVE

No. 15356.

683 P.2d 37 (1984)

101 N.M. 355

William Patrick SMITH, Petitioner, v. Honorable Jack L. LOVE, District Judge, Respondent.

Supreme Court of New Mexico.

Rehearing Denied June 27, 1984.

Attorney(s) appearing for the Case

Marchiondo & Berry, Edward Myers, Albuquerque, for petitioner.

Steven Schiff, Dist. Atty., Alfred Sanchez, Asst. Dist. Atty., Albuquerque, for respondent.

OPINION

STOWERS, Justice.

The petitioner, William Patrick Smith, seeks a writ of prohibition or superintending control directing the respondent, the district court, to dismiss with prejudice the appeal of the State and prohibiting the respondent from ordering the remand of these proceedings to the Metropolitan Court.

The issue we determine is whether the district court is without jurisdiction under NMSA 1978, Metro. Rule 71(b) (Cum.Supp. 1983) to...

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