STATE v. MARQUEZ

Nos. 23,908, 23,910.

77 P.3d 557 (2003)

134 N.M. 402

2003-NMCA-115

STATE of New Mexico, Plaintiff-Appellant, v. Joseph MARQUEZ, Defendant-Appellee. State of New Mexico, Plaintiff-Appellant, v. John Campbell, Defendant-Appellee.

Court of Appeals of New Mexico.

July 15, 2003.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Steven S. Suttle, Assistant Attorney General, Albuquerque, NM for Appellant.

Mario A. Esparza, Mario A. Esparza Law Office, Las Cruces, NM, for Appellee Joseph Marquez.

David M. Lopez, Robinson, Quintero & Lopez, P.C., Silver City, NM, for Appellee John Campbell.


OPINION

ALARID, Judge.

{1} These consolidated cases, in which the State appeals the magistrate court's dismissal of the remaining misdemeanor charges, raise an issue of first impression concerning the interpretation of Rule 6-506(E) NMRA 2003.

{2} On March 26, 2002, both Defendants were charged in separate criminal complaints with a combination of felony and misdemeanor charges. In both, at the conclusion of the preliminary hearing on May 3, 2002...

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