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STATE v. MARTINEZ

No. 28,665.

226 P.3d 14 (2009)

2010-NMCA-003

STATE of New Mexico, Plaintiff-Appellant, v. Eliseo Santos MARTINEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, No. 32,069, December 29, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellant.

Hugh W. Dangler, Chief Public Defender Eleanor Brogan, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

ROBLES, Judge.

{1} The State appeals a district court order dismissing four felony charges against Eliseo Santos Martinez (Defendant), pursuant to Rule 5-604 NMRA (six-month rule). On appeal, the State argues that (1) Rule 5-604(B)(5) does not require a bench warrant to be issued for a new six-month period to begin, but instead "merely requires that the defendant fail to appear" to a court setting...

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