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STATE v. KIRBY

Nos. 22,967, 23,020.

70 P.3d 772 (2003)

133 N.M. 782

2003-NMCA-074

STATE of New Mexico, Plaintiff-Appellant, v. Richard Grey KIRBY, Defendant-Appellee. State of New Mexico, Plaintiff-Appellant, v. Joseph Clyde Collins and Joy E. Collins, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied May 20, 2003.

Certiorari Quashed May 28, 2003.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellant.

John D. Cline, Freedman Boyd Daniels Hollander, Goldberg & Cline P.A., Albuquerque, NM, for Appellee Richard Grey Kirby.

John B. Bigelow, Chief Public Defender, Susan Roth, Santa Fe, NM, for Appellee Joseph Clyde Collins.

Mathew Connelly, Albuquerque, NM, for Appellee Joy E. Collins.

Certiorari Denied, No. 28,020, May 20, 2003.

Certiorari Quashed, No. 28,021, May 28, 2003.

OPINION

SUTIN, Judge.

{1} Two cases on appeal present for us the issue whether administrative imposition of the civil penalty contained in the New Mexico Securities Act bars, under New Mexico Double Jeopardy jurisprudence, a criminal prosecution under that Act for the same conduct on which the civil penalty was imposed. We have consolidated State...

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