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STATE v. BALL

No. 15755.

718 P.2d 686 (1986)

104 N.M. 176

STATE of New Mexico, Petitioner, v. Eugene Martin BALL, Respondent.

Supreme Court of New Mexico.

April 24, 1986.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Elizabeth Major, Asst. Atty. Gen., Dennis Romero, Sp. Asst. Atty. Gen., Santa Fe, for petitioner.

Jacquelyn Robins, Chief Public Defender, Mark Shapiro, Asst. Public Defender, Albuquerque, for respondent.

OPINION

STOWERS, Justice.

Each defendant entered either a plea of guilty or nolo contendere to misdemeanor charges in metropolitan court. Found guilty and sentenced by the metropolitan court, each defendant appealed to district court, seeking a trial de novo. The district court dismissed their appeals, and defendants appealed to the Court of Appeals. The Court of Appeals held unconstitutional NMSA 1978, Subsection 34-8A-6(C) (Repl. Pamp.1981), and NMSA 1978...

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