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STATE v. SCHARFF

No. 30,498.

284 P.3d 447 (2012)

2012-NMCA-087

STATE of New Mexico, Plaintiff-Appellee, v. Arlene SCHARFF, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, July 19, 2012, No. 33,679.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, M. Anne Kelly , Assistant Attorney General, Albuquerque, NM, for Appellee.

University of New Mexico School of Law, Scott M. Davidson , Counsel of Record & Supervising Attorney, Robert Milder , Practicing Law Student, Brianne Bigej , Practicing Law Student, Shannon Crowley , Practicing Law Student, Nicholas Sitterly , Practicing Law Student, Albuquerque, NM, Bruce Rogoff , Adjunct Professor of Law, Santa Fe, NM, for Appellant.

OPINION

FRY, Judge.

{1} In this appeal, we consider the applicability of a stop-and-yield provision in New Mexico's Motor Vehicle Code that requires a driver of a vehicle "emerging from an alley, driveway or building" to stop the vehicle "immediately prior to driving onto a sidewalk or the sidewalk area extending across any alleyway or driveway" and to yield to pedestrians and oncoming traffic before entering the roadway. NMSA 1978, § 66...

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