Legal Opinion

State v. DeBaca

New Mexico Court of Appeals

Decided August 9, 1977No. 2954PublishedCited by 15 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Convicted in magistrate court of driving while under the influence of liquor and careless driving, defendant appealed to the district court. The notice of appeal was filed in the district court on August 6, 1976. The district court trial was held on March 3, 1977. The district court found defendant guilty; he appealed to this Court. The dispositive issue concerns the time of the district court trial and involves three rules adopted by the Supreme Court.

The three rules are: (1) old Magistrate Criminal 40 (Rule 40 of the Rules of Criminal Procedure for the Magistrate…

2Cases cited2 opinions

  1. Marquez v. WylieNew Mexico Supreme Court · 1967
  2. Albertson v. StateNew Mexico Supreme Court · 1976

3Cited by15 opinions

  1. State v. DominguezNew Mexico Court of Appeals · 1977
  2. State v. WilsonNew Mexico Court of Appeals · 1998
  3. State Ex Rel. Gesswein v. GalvanNew Mexico Supreme Court · 1984
  4. State v. QuirozNew Mexico Court of Appeals · 1980
  5. State v. NorushNew Mexico Court of Appeals · 1982

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