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STATE EX REL. WHITEHEAD v. VESCOVI-DIAL

No. 17715.

950 P.2d 818 (1997)

124 N.M. 375

STATE of New Mexico ex rel. Alan E. WHITEHEAD, Eleventh Judicial District Attorney, Petitioner-Appellee, v. The Honorable Carla VESCOVI-DIAL, San Juan County Magistrate, Division I, Respondent, and Cayetano Zamarron, Real Party in Interest, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied December 15, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, for Petitioner-Appellee.

Phyllis H. Subin, Chief Public Defender, Christopher Bulman, Assistant Appellate Defender, Santa Fe, for Defendant-Appellant.

OPINION

BOSSON, Judge.

1. Article II, Section 14 of the New Mexico Constitution provides an accused with a right to a preliminary examination before a magistrate to determine whether there is probable cause to be bound over for trial. This appeal questions whether the state has a similar right to insist upon a preliminary examination if it has been waived by the accused. In an issue of first impression in New Mexico...

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