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STATE v. BACA

No. 31,442.

303 P.3d 858 (2013)

2013-NMCA-060

STATE of New Mexico, Plaintiff-Appellee, v. Abraham BACA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, May 24, 2013, No. 34,120.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, William Lazar , Assistant Attorney General, Santa Fe, NM, for Appellee.

Ben A. Ortega , Albuquerque, NM, for Appellant.

Dan Cron Law Firm, P.C., Leon F. Howard III , Santa Fe, NM, for Amicus Curiae ACLU of N.M.

OPINION

VIGIL, Judge.

{1} This case commenced as a criminal prosecution in the magistrate court. The question presented is whether double jeopardy bars a trial de novo in the district court when the arresting officer completed his testimony on direct examination, and the magistrate court suppressed the arresting officer's testimony and dismissed the case with prejudice. We conclude that the magistrate court judge's ruling constituted an acquittal...

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