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STATE v. PALACIO

No. 28,028.

212 P.3d 1148 (2009)

2009-NMCA-074

STATE of New Mexico, Plaintiff-Appellant, v. Heriberto PALACIO, Defendant-Appellee.

Court of Appeals of New Mexico.

June 18, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Ralph E. Trujillo, Assistant Attorney General, Albuquerque, NM, for Appellant.

Hugh W. Dangler, Chief Public Defender, Stephanie Erin Brunson, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

CASTILLO, Judge.

{1} In this appeal we address whether a nine-year delay—the longest delay we have found in any of our reported New Mexico cases—violated Defendant's right to a speedy trial. The district court dismissed the case, the State appeals, and we affirm.

I. BACKGROUND

{2} On August 28, 1998, Defendant was indicted in district court for embezzling his sister's Chevrolet pickup. Defendant...

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