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STATE v. GARDEA

No. 19,763.

989 P.2d 439 (1999)

128 N.M. 64

1999-NMCA-116

STATE of New Mexico, Plaintiff-Appellee, v. Coseme R. GARDEA, Defendant-Appellant.

Court of Appeals of New Mexico.

July 28, 1999.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, for appellee.

Edward O. Bustamante, Albuquerque, for appellant.

OPINION

BOSSON, Judge.

{1} In this felony prosecution in district court for driving while intoxicated (DWI), we examine the effect of a prior nolle prosequi of a misdemeanor DWI arising from the same incident that was filed in metropolitan court, when the nolle prosequi was never endorsed by the metropolitan court judge, contrary to Rule 7-506(A) NMRA 1999. The district court refused to remand the felony DWI back to metropolitan court for dismissal...

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