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STATE v. CARREON

No. 26,048.

149 P.3d 95 (2006)

2006-NMCA-145

STATE of New Mexico, Plaintiff-Appellee, v. Fernando CARREON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted November 29, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

Albert J. Costales, Truth or Consequences, NM, for Appellant.

Certiorari Granted, No. 30,079, November 29, 2006.

OPINION

SUTIN, Judge.

{1} Defendant attacks his conviction, asserting a violation of the six-month limit in Rule 6-506(B) NMRA. His magistrate court case was dismissed by the State shortly before trial was scheduled, which was approximately three weeks before the six-month deadline was to run for commencement of trial. The State re-filed the case in district court purportedly pursuant to a policy...

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