STATE v. WILSON

No. 18508.

962 P.2d 636 (1998)

125 N.M. 390

1998-NMCA-084

STATE of New Mexico, Plaintiff-Appellant, v. John N. WILSON, Defendant-Appellee.

Court of Appeals of New Mexico.

May 27, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, William McEuen, Assistant Attorney General, Santa Fe, for Appellant.

J. Scott Hall, Miller, Stratvert & Torgerson, P.A., Santa Fe, for Appellee.


OPINION

APODACA, Judge.

{1} The State appeals the district court's order dismissing certain misdemeanor charges against Defendant for prejudice due to delay. The State argues that the district court erred in applying Rule 5-604 NMRA 1997, which governs proceedings initiated in district court, to Defendant's case. Defendant's case originated in the magistrate court, which he appealed to district court. The State contends the case is governed by Rule...

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