STATE v. DONAHOO

No. 26,795.

149 P.3d 104 (2006)

2006-NMCA-147

STATE of New Mexico, Plaintiff-Appellee, v. Bert DONAHOO, Defendant-Appellant.

Court of Appeals of New Mexico.

As Revised December 19, 2006.


Attorney(s) appearing for the Case

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

Frechette & Associates, P.C., Todd Hotchkiss, Albuquerque, NM, for Appellant.


OPINION

CASTILLO, Judge.

{1} In this case, we are asked to examine the jurisdiction of a metropolitan court judge, Judge Barnhart — who, although not assigned to Defendant's case, presided over a portion of the case because of the unavailability of the assigned judge. Defendant argues that under the applicable rules of criminal procedure, Judge Barnhart was without jurisdiction to preside in this case. Therefore, Defendant contends, any ruling made...

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