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STATE v. PACHECO

NO. 34,759.

388 P.3d 307 (2016)

2017-NMCA-014

STATE of New Mexico, Plaintiff-Appellant, v. John C. PACHECO, Defendant-Appellee.

Court of Appeals of New Mexico.

Filing Date: November 3, 2016.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Santa Fe, NM, M. Victoria Wilson , Assistant Attorney General, Albuquerque, NM, for Appellant.

Fuqua Law & Policy, P.C., Scott Fuqua , Santa Fe, NM, for Appellee.

OPINION

{1} The State appeals from the dismissal of its criminal information charging Defendant with fraud in violation of NMSA 1978, Section 30-16-6(A), (F) (2006). We reverse.

{2} Rule 5-601(B) NMRA provides that "[a]ny defense, objection or request which is capable of determination without...

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