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STATE v. SUNDEEN

No. 26,034.

17 P.3d 1019 (2001)

130 N.M. 83

2001-NMSC-006

STATE of New Mexico, Plaintiff-Petitioner, v. James SUNDEEN, Defendant-Respondent.

Supreme Court of New Mexico.

January 30, 2001.

Attorney(s) appearing for the Case

Patricia Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

Prior report: 128 N.M. 150, 990 P.2d 824.

OPINION

PER CURIAM

{1} The State appeals from a decision of the Court of Appeals reversing the trial court's denial of Defendant's motion to dismiss an indictment. State v. Sundeen, No. 20,245, slip. op. (NMCA Oct. 20, 1999). We affirm the decision of the Court of Appeals and adopt the text of that decision, which reads as follows:

Defendant was charged with violating NMSA 1978, Section 30-7-16 (1987), which makes it unlawful for a...

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