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STATE v. FOSTER

No. 23,225.

75 P.3d 824 (2003)

134 N.M. 224

2003-NMCA-099

STATE of New Mexico, Plaintiff-Appellee, v. William FOSTER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 7, 2003.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, for Appellee.

John B. Bigelow, Chief Public Defender, Santa Fe, NM, Thomas DeMartino, Assistant Public Defender, Albuquerque, NM, for Appellant.

Certiorari Denied, No. 28,100, August 7, 2003.

OPINION

CASTILLO, Judge.

{1} This is an interlocutory appeal from the district court's denial of Defendant's motion to dismiss on double jeopardy grounds based on being twice tried in magistrate court for the same offense. The appeal presents us with three questions certified by the district court: (1) whether a district court in a trial de novo may review trial transcripts or other evidence of...

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