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STATE v. DOMINGUEZ

No. 26,628.

168 P.3d 761 (2007)

2007-NMCA-132

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

Court of Appeals of New Mexico.

August 21, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellant.

John Bigelow, Chief Public Defender, J.K. Theodosia Johnson, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

SUTIN, Chief Judge.

{1} The State appeals from a district court order dismissing the charges against Defendant for failing to bring Defendant to trial within six months of the date of his arraignment in violation of Rule 5-604(B)(1) NMRA. One day after the six-month time period expired, the State filed a petition for an extension to commence trial, pursuant to the procedure that authorizes late...

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