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STATE v. WHITE

No. 28,588.

232 P.3d 450 (2010)

2010-NMCA-043

STATE of New Mexico, Plaintiff-Appellee, v. Cornelius WHITE, Defendant-Appellant.

Court of Appeals of New Mexico.

May 10, 2010.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellee.

Robert E. Tangora, L.L.C., Robert E. Tangora, Santa Fe, NM, for Appellant.

OPINION

ROBLES, Judge.

{1} In this case, the State filed a criminal complaint in the magistrate court, charging Defendant with felony offenses and sought to establish probable cause in a preliminary hearing in the magistrate court. When the magistrate made a finding of no probable cause, the State filed the same charges in the district court, which remanded that matter to the magistrate court for a preliminary hearing. The State then succeeded...

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