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STATE v. DOMINGUEZ

No. 25,925.

178 P.3d 834 (2007)

2008-NMCA-029

STATE of New Mexico, Plaintiff-Appellant, v. Ernest DOMINGUEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied February 15, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellant.

John Bigelow, Chief Public Defender, Nancy M. Hewitt, Appellate Defender, Santa Fe, NM, for Appellee.

Certiorari Denied, No. 30,064, February 15, 2008.

OPINION

ALARID, Judge.

{1} The State appeals from the trial court's order dismissing five counts of a ten-count indictment against Defendant. This case raises the question of whether an indictment that divides an alleged course of criminal conduct into separate factually indistinguishable counts comports with due process. We conclude that in this case it does not, and that an indictment...

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