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STATE v. BEN

No. 33,921.

362 P.3d 180 (2015)

2015-NMCA-118

STATE of New Mexico, Plaintiff-Appellee, v. Ferlin BEN, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, November 5, 2015, No. 35,550.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Santa Fe, NM Kenneth H. Stalter , Assistant Attorney General, Albuquerque, NM, for Appellee.

Jorge A. Alvarado , Chief Public Defender, Karl Erich Martell , General Counsel, Santa Fe, NM, for Appellant.

OPINION

{1} At issue in this appeal is a unique application of the constitutional bar against retrial after acquittal. Defendant Ferlin Ben was charged and convicted in a nonjury trial in magistrate court for driving while intoxicated (DWI), contrary to NMSA 1978, Section 66-8-102 (2010). Defendant's conviction...

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