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STATE v. LUCERO

No. 25,579.

164 P.3d 1014 (2007)

2007-NMCA-096

STATE of New Mexico, Plaintiff-Appellant, v. Paul LUCERO, Defendant-Appellee.

Court of Appeals of New Mexico.

June 13, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Appellant.

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

OPINION

BUSTAMANTE, Judge.

{1} This case requires us to decide whether the district court correctly applied Rule 5-604 NMRA, commonly known as the "six-month rule," to dismiss the charges against Paul Lucero (Defendant) where the State filed consecutive, identical criminal informations against him. The State argues that the criminal matter associated with the first information was closed following the district court's order remanding the case...

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