STATE v. AYON

NO. S-1-SC-38937.

538 P.3d 66 (2023)

2023-NMSC-025

STATE of New Mexico, Plaintiff-Respondent, v. Ricky Anthony AYON, Defendant-Petitioner.

Supreme Court of New Mexico.

Filing Date: September 5, 2023.


Attorney(s) appearing for the Case

Bennett J. Baur , Chief Public Defender, Caitlin C.M. Smith , Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Hector H. Balderas , Attorney General, Meryl E. Francolini , Assistant Attorney General Santa Fe, NM, for Respondent.

Law Office of Scott M. Davidson, Scott M. Davidson , Albuquerque, NM, Law Office of Jamison Barkley, LLC, Jamison Barkley , Santa Fe, NM, Angelica Hall , Albuquerque, NM, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.


OPINION

{1} Under the New Mexico Constitution, the state can bring felony charges in one of two ways: by presenting charges and evidence to a grand jury composed of lay citizens or to a judge at a preliminary hearing. N.M. Const. art. II, § 14. In State v. Martinez, this Court held that a district...

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