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CITY OF FARMINGTON v. BENALLY

No. 15562.

892 P.2d 629 (1995)

119 N.M. 496

CITY OF FARMINGTON, Plaintiff-Appellant v. Harrison D. BENALLY, Jr., Defendant-Appellee.

Court of Appeals of New Mexico.

February 20, 1995.

Attorney(s) appearing for the Case

Stephen S. Hamilton, Montgomery & Andrews, P.A., Santa Fe, Jay Burnham, City Atty., and Randolph M. Toth, Asst. City Atty., Farmington, for plaintiff-appellant.

Robert H. Graham, Farmington, for defendant-appellee.

Herb Yazzie, Atty. Gen. and Helen E. Avalos, Asst. Atty. Gen., Navajo Nation Dept. of Justice, Window Rock, Navajo Nation, AZ, for amicus curiae.

OPINION

FLORES, Judge.

The City of Farmington (the City) appeals an order dismissing the charges against Defendant. Holding that Benally v. Marcum, 89 N.M. 463, 553 P.2d 1270 (1976), remains good law, we affirm.

A Farmington city police officer observed a vehicle weaving in its lane, repeatedly crossing the center divider, and speeding within the city limits. The officer...

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