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STATE v. MARQUEZ

No. 30,709.

193 P.3d 548 (2008)

2008-NMSC-055

STATE of New Mexico, Plaintiff-Petitioner, v. Juan MARQUEZ, Defendant-Respondent.

Supreme Court of New Mexico.

September 3, 2008.

Attorney(s) appearing for the Case

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

Hugh W. Dangler, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} Defendant Juan Marquez was found guilty by a jury of aggravated DWI and resisting, evading, or obstructing an officer. The Court of Appeals reversed the conviction for DWI, holding that the initial stop leading to Defendant's arrest was invalid under Section 31-2-8 of the Fresh Pursuit Act, NMSA 1978, §§ 31-2-1 to -8 (1937, as amended), and the charge...

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