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STATE v. LOVATO

No. 30,399.

256 P.3d 982 (2011)

2011-NMCA-065

STATE of New Mexico, Plaintiff-Appellant, v. Alfred LOVATO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, May 6, 2011, No. 32,956.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Ralph E. Trujillo , Assistant Attorney General, Albuquerque, NM, for Appellant.

Bregman & Loman, P.C., Sam Bregman , Eric Loman , Albuquerque, NM, for Appellee.

OPINION

VANZI, Judge.

{1} The State appeals from the district court order dismissing with prejudice one count of homicide by vehicle, NMSA 1978, Section 66-8-101(C) (2004), and one count of accident involving death or personal injuries, NMSA 1978, Section 66-7-201(C) (1989). Although Defendant was not the driver of the vehicle, Defendant was charged pursuant to the parties to a crime provision of the Motor Vehicle Code. See NMSA 1978...

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