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STATE v. JIMENEZ

No. 11617.

794 P.2d 355 (1990)

110 N.M. 212

STATE of New Mexico, Plaintiff-Appellee, v. Gilbert JIMENEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted March 6, 1990.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Jacquelyn Robins, Chief Public Defender, Jonathan A. Abbott, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

OPINION

DONNELLY, Judge.

Defendant appeals from a judgment of the district court affirming the state's right to terminate its preprosecution diversion agreement (PDA) with defendant and permitting the state to proceed with criminal prosecution against him for embezzlement. The sole issue presented on appeal is whether the district court erred in upholding the state's right to terminate defendant's participation in a preprosecution diversion program, based...

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