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STATE v. BARBER

No. 11227.

778 P.2d 456 (1989)

108 N.M. 709

STATE of New Mexico, Plaintiff-Appellant, v. benjamin BARBER, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 18, 1989.

Attorney(s) appearing for the Case

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

Jacquelyn Robins, Chief Public Defender, Peter Rames, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

APODACA, Judge.

The state appeals the district court's dismissal of the state's appeal from a magistrate court order. The appeal raises two issues for our consideration: (1) whether the state may properly appeal the magistrate's order to the district court, based partially on double jeopardy considerations; and (2) whether the language of NMSA 1978, Section 66-8-102(I) (Supp. 1988) is mandatory. The state filed a second memorandum in response to...

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