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TRUJILLO v. GOODWIN

No. 24,115.

116 P.3d 839 (2005)

2005-NMCA-095

Patricia TRUJILLO, Petitioner-Appellee, v. Jan GOODWIN, Secretary of the New Mexico Department of Taxation and Revenue, Motor Vehicle Division, Respondent-Appellant.

Court of Appeals of New Mexico.

March 30, 2005.

Attorney(s) appearing for the Case

Patricia Trujillo, Albuquerque, NM, Pro Se Appellee.

Patricia A. Madrid, Attorney General, Albert Roland Fugere, Special Assistant Attorney General, Santa Fe, NM, for Appellant.

Brian A. Pori, Inocente, P.C., Albuquerque, NM, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.

OPINION

PICKARD, Judge.

{1} Respondent (sometimes called Motor Vehicle Division or MVD) appeals from the district court's granting of Petitioner's petition for a writ of mandamus, ordering that her plea of guilty to a traffic offense, made pursuant to signing a uniform traffic citation, be withdrawn and that the metropolitan court proceed to trial on the matter. We reverse because no one was ever properly served with process in this matter and it...

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