Legal Opinion

State v. Masters

New Mexico Court of Appeals

Decided October 28, 1982No. 5946PublishedCited by 18 opinions

1Opinion of the Court

OPINION

WALTERS, Chief Judge.

Defendant was charged by complaint in magistrate court with failure to appear, contrary to § 31-3-9, N.M.S.A.1978. Following a preliminary hearing, he was bound over on the offense charged. A criminal information was filed, charging that defendant did “willfully fail to appear in District Court .... ” The trial court quashed the information. The State appeals and we reverse.

In its letter-order dismissing the information, the trial court noted that no evidence had been presented at the preliminary hearing to show notification to defendant of the hearing date; it…

2Cases cited14 opinions

  1. Buzbee v. DonnellyNew Mexico Supreme Court · 1981
  2. United States v. Robert Bolivar DepughCourt of Appeals for the Eighth Circuit · 1970
  3. State v. SelgadoNew Mexico Supreme Court · 1967
  4. State v. GarciaNew Mexico Supreme Court · 1968
  5. State v. MossNew Mexico Court of Appeals · 1971

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. FoulenfontNew Mexico Court of Appeals · 1995
  2. State v. SparksNew Mexico Court of Appeals · 1985
  3. State v. ElliottNew Mexico Court of Appeals · 2001
  4. State v. SmithNew Mexico Court of Appeals · 2008
  5. State v. GomezNew Mexico Supreme Court · 2003

13 more not listed; retrieve them via the Exa API.

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