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STATE v. ORDUNEZ

No. 28,297.

241 P.3d 621 (2010)

2010-NMCA-095

STATE of New Mexico, Plaintiff-Appellant, v. Jose Alfredo ORDUNEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, October 18, 2010, No. 32,589.

Attorney(s) appearing for the Case

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

Hugh W. Dangler , Chief Public Defender, Carlos Ruiz de la Torre , Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

WECHSLER, Judge.

{1} The State appeals from the district court's dismissal of probation revocation proceedings against Defendant in his driving while under the influence of intoxicating liquor or drugs (DWI) case for lack of jurisdiction. The district court concluded that it had no jurisdiction to address a statutory provision that denies credit to DWI offenders for time served on probation if they violate probation and the court does...

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