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STATE v. QUINTANA

No. 25,107.

178 P.3d 823 (2006)

2008-NMCA-025

STATE of New Mexico, Plaintiff-Appellant, v. James B. QUINTANA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted August 25, 2006.

Attorney(s) appearing for the Case

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

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

Certiorari Granted, No. 29,909, August 25, 2006.

OPINION

VIGIL, Judge.

{1} The district court concluded that the traffic accident giving rise to the crimes alleged in the indictment occurred in Indian country, and dismissed the indictment for lack of subject matter jurisdiction. The State appeals, arguing that the accident site was not in Indian country. We agree with the State and reverse the order dismissing the indictment.

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