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STATE v. NEAL

No. 26,879.

176 P.3d 330 (2008)

2008-NMCA-008

STATE of New Mexico, Plaintiff-Appellee, v. Richard NEAL, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 4, 2008.

Attorney(s) appearing for the Case

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

Wagner, Ford & Associates, Kenneth R. Wagner, L. Helen Bennett, Albuquerque, NM, for Appellant.

Certiorari Denied, No. 30,773, January 4, 2008.

OPINION

SUTIN, Chief Judge.

{1} Defendant Richard Neal argues that: (1) the State's nolle prosequi of his charges from magistrate court and subsequent refiling of the charges in district court were done for the improper purpose of avoiding the running of the six-month rule, and thus his charges should be dismissed; and (2) there was insufficient evidence to convict him of driving while...

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