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STATE v. BRULE

No. 24,480.

981 P.2d 782 (1999)

127 N.M. 368

STATE of New Mexico, Plaintiff-Petitioner, v. Paul Adrian BRULE, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied May 27, 1999.

Attorney(s) appearing for the Case

Hon. Patricia A. Madrid, Attorney General, Steven S. Suttle, Assistant Attorney General, Santa Fe, for Petitioner.

Jacquelyn Robins, Albuquerque, for Respondent.

OPINION

FRANCHINI, J.

{1} The State appeals the dismissal of assault and battery charges against Paul Adrian Brule. The district court dismissed the charges based on alleged prosecutorial vindictiveness, and a divided Court of Appeals affirmed. We now reverse the Court of Appeals and the district court and remand for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL POSTURE

{2} We adopt the Court of Appeals...

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