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STATE v. REMALY

No. 22413.

903 P.2d 234 (1995)

120 N.M. 492

STATE of New Mexico, Plaintiff-Appellant, v. Vince REMALY, Defendant-Appellee.

Supreme Court of New Mexico.

September 19, 1995.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, M. Anne Wood, Assistant Attorney General, Santa Fe, for Appellant.

Sammy J. Quintana, Chief Public Defender, Susan Gibbs, Assistant Appellate Defender, Santa Fe, for Appellee.

OPINION

FRANCHINI, Justice.

The State appeals from the district court's order dismissing with prejudice its criminal case against Vincent Remaly. Four days before the six-month time period in which to try Remaly expired, see SCRA 1986, 5-604(B) (Repl.Pamp.1992), the State petitioned under SCRA 5-604(C) for an extension of time in which to try its case. Judge Bruce Kaufman [hereinafter "designated judge"], who was the presiding judge and also the judge...

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