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STATE v. FRANK

No. 26,907.

52 P.3d 404 (2002)

132 N.M. 544

2002-NMSC-026

STATE of New Mexico, Plaintiff-Petitioner, v. Travis FRANK, Defendant-Respondent.

Supreme Court of New Mexico.

July 24, 2002.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Phyllis H. Subin, Chief Public Defender, Laurel A. Knowles, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

Levon B. Henry, Attorney General, Marcelino R. Gomez, Assistant Attorney General, Donovan D. Brown, Sr., Acting Chief Prosecutor, Window Rock, AZ, for Amicus Curiae, Navajo Nation.

OPINION

FRANCHINI, Justice.

{1} Defendant Travis Frank entered a conditional plea of guilty to six counts of vehicular homicide, contrary to NMSA 1978, § 66-8-101(A) (1991), reserving for appeal the issue of the State's jurisdiction to prosecute the case. Defendant, a registered member of the Navajo nation, had unsuccessfully challenged the State's jurisdiction to prosecute him in a motion to dismiss. In his first appeal, State v. Frank, 1997...

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