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STATE v. MARTINEZ

No. 18763.

957 P.2d 68 (1998)

125 N.M. 83

1998-NMCA-047

STATE of New Mexico, Plaintiff-Appellee, v. Diane MARTINEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 16, 1998.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, for Appellee.

Phyllis H. Subin, Chief Public Defender, Santa Fe, Samuel Z. Damon, Alamogordo, for Appellant.

OPINION

HARTZ, Chief Judge.

1. The question presented by this appeal is whether someone under no obligation to report to jail can be guilty of escape from jail. Our answer is no.

BACKGROUND

2. Defendant first raised the issue in a motion to dismiss after she was charged with escape from jail. At the district court hearing on the motion, she and the State stipulated to the following facts:

1. [Defendant] was committed to...

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