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STATE v. TABAHA

No. 8909.

714 P.2d 1010 (1986)

204 N.M. 789

STATE of New Mexico, Plaintiff-Appellant, v. Dino James TABAHA, Defendant-Appellee.

Court of Appeals of New Mexico.

February 4, 1986.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Jacquelyn Robins, Chief Public Defender, David Stafford, Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

HENDLEY, Judge.

The state appeals from an order quashing an information for failure to charge a crime. Because the facts were not disputed and because the state asked the court to rule on the questions raised by defendant's motion to quash, the trial court was of the view that a legal, not factual, issue was presented. Cf. State v. Mares, 92 N.M. 687, 594 P.2d 347 (Ct.App. 1979). The state does not disagree...

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