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STATE v. SOLANO

No. 28,166.

215 P.3d 769 (2009)

2009-NMCA-098

STATE of New Mexico, Plaintiff-Appellee, v. Timothy SOLANO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,841, July 30, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Steven S. Suttle, Special Counsel Albuquerque, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Mary A. Barket, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} Defendant challenges the district court's designation of his conviction for third degree vehicular homicide as a serious violent offense for the purposes of the Earned Meritorious Deductions Act (the EMDA), NMSA 1978, § 33-2-34 (2004) (amended 2006). We conclude that the district court's designation was not an abuse of discretion because (1) the factual findings...

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