State v. Marquez

OPINION

ALARID, Judge.

{1} These consolidated cases, in which the State appeals the magistrate court’s dismissal of the remaining misdemeanor charges, raise an issue of first impression concerning the interpretation of Rule 6-506(E) NMRA 2003.

{2} On March 26, 2002, both Defendants were charged in separate criminal complaints with a combination of felony and misdemean- or charges. In both, at the conclusion of the preliminary hearing on May 3, 2002, the magistrate court found no probable cause to support the felony charges and the matter was set for trial in magistrate court on the remaining…