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STATE v. MONTOYA

No. 28,618.

247 P.3d 1127 (2010)

2011-NMCA-009

STATE of New Mexico, Plaintiff-Appellant, v. Brian Bobby MONTOYA, Defendant-Appellee.

Court of Appeals of New Mexico.

October 12, 2010.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, M. Victoria Wilson , Assistant Attorney General, Albuquerque, NM, for Appellant.

Law Offices of Nancy L. Simmons, P.C., Nancy L. Simmons , Albuquerque, NM, for Appellee.

OPINION

WECHSLER, Judge.

{1} The district court dismissed the State of New Mexico's motion to revoke the probation of Defendant Brian Bobby Montoya for failure to meet the time limits of Rule 5-805 NMRA. The State appeals, asserting that it has the constitutional right to do so. It argues (1) that the district court lacked jurisdiction to dismiss based on Rule 5-805 because Rule 5-805 unconstitutionally infringes upon the powers of the Legislature...

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