STATE v. BACA

No. 34,120.

352 P.3d 1151 (2015)

2015-NMSC-021

STATE of New Mexico, Plaintiff-Petitioner, v. Abraham BACA, Defendant-Respondent.

Supreme Court of New Mexico.

May 4, 2015.


Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Nicole Beder , James W. Grayson , Donna Bevacqua-Young , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Ben A. Ortega Albuquerque, NM, for Respondent.

The Law Office of Lucero & Howard, L.L.C., Leon F. Howard III , Albuquerque, NM, Laura Louise Schauer Ives Albuquerque, NM, for Amicus Curiae American Civil Liberties Union.


OPINION

{1} State and federal constitutional protections against twice being placed in jeopardy for the same criminal offense preclude a second prosecution after a defendant has been acquitted but do not necessarily preclude reprosecution after a procedural dismissal, particularly one made at the request...

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