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STATE v. LOYA

No. 29,343.

258 P.3d 1165 (2011)

2011-NMCA-077

STATE of New Mexico, Plaintiff-Appellee, v. Carlos LOYA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, June 14, 2011, No. 33,027.

Attorney(s) appearing for the Case

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

Jacqueline L. Cooper , Acting Chief Public Defender, Eleanor Brogan , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} Defendant Carlos Loya appeals from his conviction of felony aggravated DWI in violation of NMSA 1978, Section 66-8-102(D)(3) (2007, prior to amendments through 2010). Defendant contends that it was error for the district court to try his case after he moved for dismissal based upon a violation of the six-month rule set forth in Rule 5-604 NMRA. As of March 23, 2011, a new rule applies to all pending cases. After...

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