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CITY OF FARMINGTON v. PINON-GARCIA

No. 30,888.

284 P.3d 1086 (2012)

2012-NMCA-079

CITY OF FARMINGTON, Plaintiff-Appellee, v. Juan A. PINON-GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, August 3, 2012, No. 33,650; Certiorari Granted, August 3, 2012, No. 33,676.

Attorney(s) appearing for the Case

William Cooke , Deputy City Attorney, Jennifer Breakell , Assistant City Attorney, Farmington, NM, for Appellee.

Jacqueline L. Cooper , Chief Public Defender, Mary Barket , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

GARCIA, Judge.

{1} In this case, we address both the standard and scope of review by the district court when a de novo appeal is taken from a lower court case that is not of record. The municipal court dismissed Defendant's charges with prejudice because the arresting officer was unavailable for trial in the lower court. The City of Farmington (City) then filed an appeal to the district court...

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