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STATE v. DE LA O

No. 7976.

698 P.2d 911 (1985)

STATE of New Mexico, Plaintiff-Appellant, v. The Honorable Fred C. DE LA O, Magistrate, Luna County, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 12, 1985.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., William McEuen, Ass't Atty. Gen., Santa Fe, for plaintiff-appellant.

Henry R. Quintero, Foy, Foy & Jollensten, P.A., Silver City, for defendant-appellee.

OPINION

BIVINS, Judge.

The district attorney of the sixth judicial district petitioned the district court for a writ of mandamus directing the magistrate judge of Luna County to allow the district attorney to file a second criminal complaint against Curtis Wayne Myers. Without issuing a writ, either alternative or peremptory, NMSA 1978, Section 44-2-6, the district court entered an order denying the petition. From that order, the state appeals. See

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