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STATE v. ARELLANO

No. 16758.

943 P.2d 1042 (1997)

123 N.M. 589

1997-NMCA-074

STATE of New Mexico, Plaintiff-Appellant, v. Vangie ARELLANO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted July 28, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Anthony Tupler, Assistant Attorney General, Santa Fe, for Plaintiff-Appellant.

T. Glenn Ellington, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, for Defendant-Appellee.

OPINION

WECHSLER, Judge.

1. The State appeals from the district court decision granting Defendant's motion to dismiss the charge of criminal damage to property. The district court determined that Defendant could only have been charged under a specific statute, injuring or tampering with vehicle, NMSA 1978, Section 66-3-506 (Repl.Pamp.1994), and not under a general statute, criminal damage to property, NMSA 1978, Section 30-15-1 (Repl.Pamp.1994). We...

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