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STATE v. VIGIL

No. 13215.

839 P.2d 641 (1992)

114 N.M.App. 431

STATE of New Mexico, Plaintiff-Appellant, v. Ben VIGIL, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied September 10, 1992.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Joel K. Jacobsen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Sammy J. Quintana, Chief Public Defender, Amme M. Hogan, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

BIVINS, Judge.

The State appeals the district court's order dismissing criminal charges against Defendant pursuant to SCRA 1986, 6-506(B) (Repl. 1990), the magistrate court six-month rule. The sole issue raised on appeal is whether the district court properly dismissed the charges against Defendant, where the State filed an amended criminal complaint which it argues superseded the original complaint. We reverse.

A. FACTS

Defendant...

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