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STATE v. MONTOYA

No. 15305.

888 P.2d 977 (1994)

119 N.M. 95

STATE of New Mexico, Plaintiff-Appellant, v. Pablo MONTOYA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 17, 1995.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Paul J. Kennedy, Albuquerque, for defendant-appellee.

OPINION

MINZNER, Chief Judge.

The State appeals the dismissal of the indictment against Defendant for failure to comply with the time limit in the Interstate Agreement on Detainers (IAD), NMSA 1978, § 31-5-12 (Repl.Pamp.1984). The issue is whether State v. Shaw, 98 N.M. 580, 651 P.2d 115 (Ct.App.1982), controls. We conclude it does not and reverse.

Defendant was...

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