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CITY OF FARMINGTON v. PIÑON-GARCIA

Nos. 33,650, 33,676.

311 P.3d 446 (2013)

2013-NMSC-046

CITY OF FARMINGTON, Plaintiff-Respondent, v. Juan A. PIÑON-GARCIA, Defendant-Petitioner. and City of Farmington, Plaintiff-Petitioner, v. Juan A. PiÑON-GARCIA, Defendant-Respondent.

Supreme Court of New Mexico.

September 19, 2013.

Attorney(s) appearing for the Case

Bennett J. Baur , Acting Chief Public Defender, Mary Barket , Assistant Appellate Defender, Santa Fe, NM, for Petitioner and Respondent.

Jennifer Nicole Breakell , City of Farmington, Farmington, NM, for Respondent and Petitioner.

OPINION

CHÁVEZ, Justice.

{1} In this case, we discuss the appropriate review by a district court of a municipal court's pretrial dismissal of a criminal complaint because the government's key witness failed to appear for the scheduled trial. Because the right of appeal from courts not of record is the right to a trial or hearing de novo in district court, N.M. Const. Art. VI, § 27; State v. Hicks, 1986-NMCA-129, ¶ 6,

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