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BUSTAMANTE v. De BACA

No. 15369.

895 P.2d 261 (1995)

119 N.M. 739

Sergeant James BUSTAMANTE, Petitioner-Appellee, v. Richard C. DE BACA, Cabinet Secretary New Mexico Department of Public Safety, Respondent-Appellant.

Court of Appeals of New Mexico.

April 4, 1995.

Attorney(s) appearing for the Case

Alan F. Zvolanek, Albuquerque, for petitioner-appellee.

Tom Udall, Atty. Gen., John W. Wheeler, Sp. Asst. Atty. Gen., Santa Fe, for respondent-appellant.

OPINION

APODACA, Chief Judge.

The New Mexico Department of Public Safety (the Department) appeals from an order of the district court finding NMSA 1978, Section 66-8-134(A) (Repl.Pamp.1994), unconstitutionally vague and ambiguous. In addition to the constitutional issue raised by the Department, this Court, in an Order to Show Cause directed to the Department, raised the issue of whether the district court's order was a final, appealable order over...

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