Legal Opinion

State v. Begay

New Mexico Court of Appeals

Decided September 3, 2010No. 29,425PublishedCited by 8 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} The district court reversed the magistrate court’s order revoking Defendant’s probation and remanded the case to the magistrate court for a full hearing on the probation revocation. Defendant appeals, and we reverse. The district court erred in failing to conduct a de novo hearing on the revocation and in remanding for an additional hearing at the magistrate court level on this issue. We remand for a de novo hearing by the district court consistent with this opinion.

I. BACKGROUND

A. Proceedings in Magistrate Court

{2} Defendant was convicted of DWI, third offense, and…

2Cases cited17 opinions

  1. Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
  2. High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Supreme Court · 1998
  3. TULAROSA v. State EngineerNew Mexico Supreme Court · 2010
  4. High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Court of Appeals · 1994
  5. State v. MartinezNew Mexico Court of Appeals · 1989

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3Cited by8 opinions

  1. Los Chavez Cmty. Assn. v. Valencia Cnty.New Mexico Court of Appeals · 2012
  2. Los Chavez Community v. Valencia CountyNew Mexico Court of Appeals · 2012
  3. State v. ValerioNew Mexico Court of Appeals · 2011
  4. State v. GutierrezNew Mexico Court of Appeals · 2011
  5. State v. ValerioNew Mexico Court of Appeals · 2012

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

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