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STATE v. VALERIO

No. 30,199.

273 P.3d 12 (2011)

2012-NMCA-022

STATE of New Mexico, Plaintiff-Appellant, v. Andy L. VALERIO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, January 19, 2012, No. 33,348.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Joel Jacobsen , Assistant Attorney General, Albuquerque, NM, for Appellant.

David Henderson , Santa Fe, NM, for Appellee.

OPINION

FRY, Judge.

{1} Defendant was charged by criminal complaint in magistrate court with two misdemeanor counts of criminal sexual contact. After the magistrate court declined to dismiss the charges on the basis of alleged deficiencies in the criminal complaint, Defendant filed an emergency petition for a writ of prohibition in district court, which was subsequently granted. We conclude that the writ of prohibition was not appropriate because...

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