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STATE v. TORTOLITO

No. 17338.

950 P.2d 811 (1997)

124 N.M. 368

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth TORTOLITO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied December 15, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Steven S Suttle, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

Robert E. Tangora, Tangora & Whitley, P.C., Santa Fe, for Defendant-Appellant.

OPINION

ARMIJO, Judge.

1. Defendant appeals from the trial court's decision to increase his sentence because of aggravating circumstances and the denial of his motions to dismiss based on his constitutional right to a speedy trial. Balancing the four factors articulated in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), we determine that Defendant's constitutional right to a speedy trial...

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