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STATE v. UPCHURCH

No. 26,436.

137 P.3d 679 (2006)

139 N.M. 739

2006-NMCA-076

STATE of New Mexico, Plaintiff-Appellant, v. Aaron UPCHURCH, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied June 21, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, M. Anne Kelly, Assistant Attorney General, Santa Fe, NM, for Appellant.

John Bigelow, Chief Public Defender, Ruth Wheeler, Assistant Appellant Defender, Aztec, NM, for Appellee.

Certiorari Denied, No. 29,800, June 21, 2006.

OPINION

FRY, Judge.

{1} The State seeks to appeal the district court order granting Defendant's motion to dismiss for violation of his speedy trial rights. We issued a notice of proposed disposition proposing to dismiss for an untimely appeal. The State has responded to our notice. Having considered the State's arguments, we are unpersuaded and dismiss.

{2} The State...

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