STATE v. FOULENFONT

No. 15787.

895 P.2d 1329 (1995)

119 N.M. 788

STATE of New Mexico, Plaintiff-Appellant, v. Anthony FOULENFONT and Leo Archuleta, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted April 27, 1995.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Jennifer L. Stone, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Sammy J. Quintana, Chief Public Defender, Sue A. Herrmann, Asst. Appellate Defender, Santa Fe, for defendants-appellees.


OPINION

PICKARD, Judge.

The State appeals from pretrial orders dismissing charges for burglary and conspiracy to commit burglary. On appeal, we consider whether the district court had authority to dismiss the charges prior to a trial on the merits. We also consider whether the district court properly ruled as a matter of law that a fence does not constitute a "structure" under our burglary statute. We hold that the district court had authority and...

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