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STATE v. ALDERETTE

No. 11895.

804 P.2d 1116 (1990)

111 N.M. 297

STATE of New Mexico, Plaintiff-Appellant, v. Melquides ALDERETTE, Defendant-Appellee.

Court of Appeals of New Mexico.

December 13, 1990.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Margaret McLean, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

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

OPINION

BIVINS, Judge.

The state appeals the dismissal of charges against defendant for escape from jail contrary to NMSA 1978, Section 30-22-8 (Repl.Pamp.1984). Defendant allegedly was committed to the Bernalillo County Detention Center (jail) for civil contempt for failure to pay child support. While on work release, defendant failed to return to jail. He was indicted for escape from jail. In a motion to dismiss the charges, defendant argued that in order...

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