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STATE v. PORTILLO

No. 19012.

793 P.2d 265 (1990)

110 N.M. 135

STATE of New Mexico, Petitioner, v. Alex Joe PORTILLO, a/k/a Juan AaNTHONY Portillo, Respondent.

Supreme Court of New Mexico.

June 12, 1990.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Gail MacQuesten, Asst. Atty. Gen., Santa Fe, for petitioner.

Jacquelyn Robins, Chief Public Defender, Sheila Lewis, Asst. Appellate Defender, Santa Fe, for respondent.

OPINION

WILSON, Justice.

At issue is the application of the six-month rule of SCRA 1986, 5-604(B) of the Rules of Criminal Procedure for the District Courts. In this case the police mistakenly arrested an innocent man whose name and description were similar to those of a fugitive defendant. The public defender, counsel for the fugitive defendant, asserts that the arrest of that innocent man started the speedy trial clock as to the fugitive defendant. Consequently...

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