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STATE v. ISAAC

No. 21,792.

34 P.3d 624 (2001)

131 N.M. 235

2001-NMCA-088

STATE of New Mexico, Plaintiff-Appellant, v. ISAAC M., Child-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 18, 2001.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Steve S. Suttle, Ass't Attorney General, Albuquerque, NM, for Appellant.

Phyllis H. Subin, Chief Public Defender, Samantha J. Fenrow, Ass't Appellate Defender, Santa Fe, NM, for Appellee.

Certiorari Denied, No. 27,156, October 18, 2001.

OPINION

PICKARD, Judge.

{1} This appeal raises a single issue: whether the State may proceed by criminal information after a no-bill is returned by a grand jury. We conclude that NMSA 1978, § 31-6-11.1 (1979), which prohibits the State from resubmitting a case to the grand jury if a grand jury has previously returned a no-bill, does not apply when...

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