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STATE v. O'KELLEY

No. 12618.

822 P.2d 122 (1991)

113 N.M. 25

STATE of New Mexico, Plaintiff-Appellant, v. Wallace O'KELLEY, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted June 12, 1991.

Certiorari Quashed and Cause Remanded November 25, 1991.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., William McEuen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Jacquelyn Robins, Chief Public Defender, Hugh W. Dangler, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

MINZNER, Judge.

Defendant was indicted for vehicular homicide and driving while intoxicated. After a trial on both charges, the jury convicted him of driving while intoxicated, but could not agree as to vehicular homicide. The state appeals an order granting defendant's motion to dismiss the charge of homicide by vehicle on the basis of double jeopardy. The sole issue presented on appeal is whether the constitutional prohibition against double jeopardy...

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