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STATE v. ROMERO

No. 22,836.

84 P.3d 670 (2003)

135 N.M. 53

2004-NMCA-012

STATE of New Mexico, Plaintiff-Appellant, v. Del E. ROMERO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted January 20, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Appellant.

John B. Bigelow, Chief Public Defender, Laurel A. Knowles, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

Lester K. Taylor, Stephen H. Greetham, Nordhaus, Haltom, Taylor, Taradash & Bladh, L.L.P., Albuquerque, NM, for Amicus Curiae, Taos Pueblo.

Frank A. Demolli, Pueblo of Pojoaque Legal Department, Santa Fe, NM, for Amicus Curiae, Pueblo of Pojoaque.

Certiorari Granted No. 27,411, January 20, 2004.

OPINION

ALARID, Judge.

{1} This case presents a question of the State's jurisdiction to prosecute a member of Taos Pueblo charged with committing an aggravated battery upon another member of Taos Pueblo on land located within the original boundaries of the land grant from the King of Spain to Taos Pueblo, but which is now part of the town of Taos, New Mexico. We hold that by operation of federal...

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