STATE v. SMITH

No. 14151.

858 P.2d 416 (1993)

115 N.M. 749

STATE of New Mexico, Plaintiff-Appellant, v. Darnell SMITH, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 12, 1993.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Sammy J. Quintana, Chief Public Defender, Bruce Rogoff, Asst. Appellate Defender, Santa Fe, for defendant-appellee.


OPINION

MINZNER, Chief Judge.

The State appeals from an order granting Defendant's motion to dismiss pursuant to the Interstate Agreement on Detainers (IAD). NMSA 1978, § 31-5-12 (Repl.Pamp. 1984). Defendant successfully moved for dismissal of the indictment on the grounds that he was not brought to trial within the 180-day limit set forth in Section 31-5-12 Article 3(A). We hold that Defendant did not take adequate steps to trigger the IAD....

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