Legal Opinion

State v. Astorga

New Mexico Court of Appeals

Decided September 28, 2000No. 21,414PublishedCited by 6 opinions

1Opinion of the Court

OPINION

BOSSON, Judge.

{1} Defendant appeals from a district court order denying his motion to dismiss on double jeopardy grounds. See State v. Apodaca, 1997-NMCA-051, ¶ 17, 123 N.M. 372, 940 P.2d 478 (holding that such orders are immediately appealable). We issued a calendar notice proposing to affirm. Defendant has responded with a memorandum in opposition. We affirm.

{2} Defendant continues to argue that the district court should have dismissed the criminal information charging him with assault by prisoner and conspiracy. Defendant argues that the criminal information violated his rights to…

2Cases cited13 opinions

  1. State v. WilsonNew Mexico Supreme Court · 1994
  2. State v. NunezNew Mexico Supreme Court · 1999
  3. State Ex Rel. Schwartz v. KennedyNew Mexico Supreme Court · 1995
  4. United States v. Walter Michael RisingCourt of Appeals for the Tenth Circuit · 1989
  5. Kenneth Alexander Hutchison v. United StatesCourt of Appeals for the Tenth Circuit · 1971

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3Cited by6 opinions

  1. City of Albuquerque Ex Rel. Albuquerque Police Department v. One (1) 1984 White Chevy Ut., VIN 1G8CS18BXE8176575, New Mexico License No. 335-KRHNew Mexico Supreme Court · 2002
  2. State v. KirbyNew Mexico Court of Appeals · 2003
  3. State v. McClaughertyNew Mexico Court of Appeals · 2007
  4. State v. AstorgaNew Mexico Court of Appeals · 2000
  5. Stallings v. SantistevanDistrict Court, D. New Mexico · 2021

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