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STATE v. MARTINEZ

No. 32,069.

249 P.3d 82 (2011)

2011-NMSC-010

STATE of New Mexico, Plaintiff-Petitioner, v. Eliseo Santos MARTINEZ, Defendant-Respondent.

Supreme Court of New Mexico.

February 25, 2011.

Attorney(s) appearing for the Case

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

Hugh W. Dangler , Chief Public Defender, Eleanor Brogan , Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

BACKGROUND

{1} Defendant Eliseo Santos Martinez was indicted on one count of aggravated burglary in violation of NMSA 1978, Section 30-16-4(C) (1963); one count of aggravated battery in violation of NMSA 1978, Section 30-3-5(C) (1969); and two counts of conspiracy in violation of NMSA 1978, Section 30-28-2 (1979). On April 14, 2008, the district court dismissed all charges due to a violation of Rule 5-604 NMRA...

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