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STATE v. LYNCH

No. 26,252.

74 P.3d 73 (2003)

134 N.M. 139

2003-NMSC-020

STATE of New Mexico, Plaintiff-Appellee, v. Martin LYNCH, Defendant-Appellant.

Supreme Court of New Mexico.

July 9, 2003.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

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

OPINION

MINZNER, Justice.

{1} Defendant appeals from an order of the district court denying his motion to dismiss an amended criminal information charging him with first-degree murder. Defendant contends the district court erred in ruling that the district attorney's decision to charge him with first-degree murder, following the Court of Appeals' reversal of his conviction for second-degree murder, was not contrary to federal and state constitutional protections...

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