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STATE v. YAW

Nos. 29,529, 29,528.

258 P.3d 1071 (2010)

2011-NMCA-023

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth YAW, Defendant-Appellant. State of New Mexico, Plaintiff-Appellee, v. Rita Starceski, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, January 3, 2011, No. 32,645.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret E. McLean , Assistant Attorney General, Joel Jacobsen , Assistant Attorney General, Santa Fe, NM, for Appellee.

Michael L. Stout , Las Cruces, NM, for Appellant Yaw.

David C. Serna , Albuquerque, NM, for Appellant Starceski.

OPINION

WECHSLER, Judge.

{1} These separate interlocutory appeals arise from the district court's denial of Defendants' joint motion to dismiss their indictments. Defendants raise two issues on appeal: (1) the district court erred in determining that it was unable to grant the relief Defendants sought; and (2) the grand jury judge failed to enforce NMSA 1978, Section 31-6-11(B) (2003) through the procedures outlined in Jones v. Murdoch,<...

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