STATE v. BENALLY

No. 31,972.

348 P.3d 1039 (2015)

2015-NMCA-053

STATE of New Mexico, Plaintiff-Appellant, v. Norman BENALLY, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, May 11, 2015, No. 35,145.


Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Ann M. Harvey , Assistant Attorney General, Santa Fe, NM, for Appellant.

Law Offices of the Public Defender, Jorge A. Alvarado , Chief Public Defender, Will O'Connell , Assistant Appellate Defender, Santa Fe, NM, for Appellee.


OPINION

{1} The State appeals the district court's dismissal of a forfeiture action on the ground that the State failed to file a complaint within the period designated by statute. The State makes several policy-based arguments in support of its position that the thirty-day period specified in the Forfeiture...

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