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STATE v. DIGGS

No. 27,812.

217 P.3d 608 (2009)

2009-NMCA-099

STATE of New Mexico, Plaintiff-Appellee, v. Jonathan DIGGS and Rebecca Miller, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,825, July 30, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, NM, for Appellants.

OPINION

WECHSLER, Judge.

{1} Defendants Jonathan Diggs and Rebecca Miller appeal in advance of their trial from the district court's denial of their motions to dismiss on double jeopardy grounds. We consider whether the New Mexico Constitution and double jeopardy statute prohibit the State from prosecuting Defendants for child abuse because the Children, Youth and Families Department (CYFD) previously investigated Defendants for child abuse...

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