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STATE v. BENT

No. 33,136.

289 P.3d 1225 (2012)

2012-NMSC-038

STATE of New Mexico, Plaintiff-Petitioner, v. Wayne BENT, Defendant-Respondent.

Supreme Court of New Mexico.

October 22, 2012.

Attorney(s) appearing for the Case

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

Law Works, L.L.C., John A. McCall , Albuquerque, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} By the time Defendant was indicted, the grand jury allegedly had exceeded its statutory term of service. Having been convicted subsequently of most of the charges in the indictment, Defendant appeals on the basis of that untimely indictment. He claims that the untimely indictment deprived the grand jury of jurisdiction and that we should overturn the subsequent jury verdict against him because of that initial defect...

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