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STATE v. BISHOP

No. 10227.

766 P.2d 1339 (1988)

108 N.M. 105

STATE of New Mexico, Plaintiff-Appellant, v. Randy James BISHOP, Defendant-Appellee.

Court of Appeals of New Mexico.

December 8, 1988.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Katherine Zinn, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Thomas J. Mescall, Albuquerque, for defendant-appellee.

OPINION

DONNELLY, Chief Judge.

The state appeals from a judgment of the district court affirming an order of dismissal by the metropolitan court of the charges against defendant for driving while intoxicated and failure to yield the right-of-way, contrary to NMSA 1978, Sections 66-8-102 (Supp. 1988) and 66-7-330 (Repl.Pamp. 1987). Dismissal of the charges by the courts below was predicated upon findings that defendant was not timely tried within the six...

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