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STATE v. TIJERINO

No. 23422.

87 P.3d 1095 (2004)

135 N.M. 313

2004-NMCA-039

STATE of New Mexico, Plaintiff-Appellant, v. Lenora TIJERINO and Gregory Gurule, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied March 22, 2004.

Attorney(s) appearing for the Case

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

Nancy L. Simmons, Law Offices of Nancy L. Simmons, P.C., Albuquerque, for Appellee Tijerino.

John Bigelow, Chief Public Defender, Will O'Connell, Assistant Appellate Defender, Santa Fe, for Appellee Gurule.

Robert M. White, City Attorney, Donald F. Harris, Assistant City Attorney, City of Albuquerque, Albuquerque, for Amicus Curiae City of Albuquerque.

Certiorari Denied. No. 28,522, March 22, 2004.

OPINION

WECHSLER, Chief Judge.

{1} The State of New Mexico appeals the district court's grant of co-defendants Lenora Tijerino and Greg Gurule's motion to dismiss. The State argues that the district court erred in finding that jeopardy had attached in the City of Albuquerque's previous civil forfeiture proceeding against Defendants' Ford Expedition, when a stipulated order of dismissal was filed...

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