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STATE v. CALABAZA

No. 30,018.

252 P.3d 836 (2011)

2011-NMCA-053

STATE of New Mexico, Plaintiff-Appellee, v. Kyle CALABAZA, Defendant-Appellant.

Court of Appeals of New Mexico.

April 5, 2011.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Nicole Beder , Assistant Attorney General, Santa Fe, NM, for Appellee.

Albright Law & Consulting, Jennifer R. Albright , Albuquerque, NM, for Appellant.

OPINION

WECHSLER, Judge.

{1} In this unusual case, the metropolitan court ultimately enforced its sentence upon Defendant Kyle Calabaza after an approximately thirteen-month delay due to a mistake as to whether Defendant was serving his sentence during and after his appeal. Defendant now appeals the metropolitan court's denial of his motion to dismiss. He argues that the metropolitan court's delay in enforcing his sentence resulted in the court...

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