STATE v. BOLTON

No. 17247.

932 P.2d 1075 (1996)

122 N.M. 831

STATE of New Mexico, Plaintiff-Appellant, v. Maribelle BOLTON a/k/a Mrs. Robert H. "Dusty" Bolton and Richard Smrt, Defendants-Appellees.

Court of Appeals of New Mexico.

December 27, 1996.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, John H. Clough, Ass't Attorney General, Santa Fe, for Plaintiff-Appellant.

Richard A. Winterbottom, Stout & Winterbottom, Albuquerque, Anthony J. Williams, Los Lunas, for Appellee Bolton.

Joseph N. Riggs III, Albuquerque, for Appellee Smrt.


OPINION

PICKARD, Judge.

(1.) This case raises issues concerning the respective roles of courts and prosecutors when prosecutors wish to dismiss criminal charges and then refile them at a later date. Ordinarily, prosecutors may file nolle prosequis and subsequently file new charges based on the same incident at will. The rule is otherwise, however, under certain circumstances. The issue facing us today is whether those circumstances are limited to...

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