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STATE v. GALLEGOS

No. 27,393.

231 P.3d 1124 (2010)

2010-NMCA-032

STATE of New Mexico, Plaintiff-Appellant, v. Fernando GALLEGOS, Jr., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, No. 32,215, March 8, 2010.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellant.

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

OPINION

KENNEDY, Judge.

{1} The district court dismissed this case, having found a speedy trial violation. The facts include both a failure of the State to pursue a timely trial date and some problems setting the case due to judicial retirements, excusals, and appointments. We see as a fundamental principle the State's affirmative duty to bring a defendant to trial. State v. Maddox, 2008-NMSC-062, ¶ 26, 145 N.M. 242,

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