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STATE v. PAUL

No. A-1-CA-36748.

495 P.3d 610 (2020)

2021-NMCA-041

STATE of New Mexico, Plaintiff-Appellee, v. Darryl PAUL, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, September 28, 2020, No. S-1-SC-38371.

Rehearing Denied: November 17, 2020.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney, General Santa Fe, NM, Charles J. Gutierrez , Assistant Attorney General, Albuquerque, NM, for Appellee.

Bennett J. Baur , Chief Public Defender, Aja Oishi , Assistant Appellate Defender, Santa Fe, NM, Luz C. Valverde , Assistant Appellate Defender, Albuquerque, NM, for Appellant.

OPINION

{1} Defendant Darryl Paul appeals the district court's denial of his motion to dismiss on double jeopardy grounds the charged offense of homicide by vehicle following a jury trial that produced no verdict. Defendant contends that, under State v. Castrillo, 1977-NMSC-059, 90 N.M. 608,

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