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ELLINWOOD v. MORALES

No. 8254.

719 P.2d 821 (1986)

104 N.M. 243

Ralph E. ELLINWOOD, District Attorney for the Sixth Judicial District, Petitioner-Appellant, v. Honorable Y.B. MORALES, Magistrate, Grant County District, Division II, Respondent-Appellee.

Court of Appeals of New Mexico.

May 8, 1986.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Peter S. Kierst, Asst. Atty. Gen., Santa Fe, for petitioner-appellant.

Anthony W. White, Foy, Foy & Jollensten, Silver City, for respondent-appellee.

OPINION

DONNELLY, Judge.

The state appeals from an order of the district court denying its petition for a writ of mandamus brought by the District Attorney for the Sixth Judicial District against the Honorable Y.B. Morales, Magistrate Judge, Division II, Grant County. The petition for writ of mandamus sought to compel the magistrate to rescind his order modifying his original sentence imposed in State v. Torres, Luna County Magistrate Court No. 08...

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