Legal Opinion

State v. Altherr

New Mexico Court of Appeals

Decided February 8, 1994No. 14682PublishedCited by 8 opinions

1Opinion of the Court

OPINION

MINZNER, Chief Judge.

The State appeals an order dismissing an indictment with prejudice. The dismissal was based on a violation of SCRA 1986, 5-604 (Repl.1992) (the six-month rule). We reverse.

The facts are not disputed. Defendant was originally indicted for possession and conspiracy to commit possession of a controlled substance, tampering with evidence, and possession of drug paraphernalia on April 24, 1991, in Bernalillo County Cause No. CR-91-0690.

The New Mexico legislature has provided a procedure for suspending a criminal proceeding during a defendant’s participation in a…

2Cases cited8 opinions

  1. State Ex Rel. Delgado v. StanleyNew Mexico Supreme Court · 1972
  2. State v. MendozaNew Mexico Supreme Court · 1989
  3. State v. FloresNew Mexico Supreme Court · 1982
  4. State v. SanchezNew Mexico Supreme Court · 1989
  5. State v. EricksenNew Mexico Court of Appeals · 1980

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

3Cited by8 opinions

  1. State v. BoltonNew Mexico Court of Appeals · 1996
  2. State v. RayburnsNew Mexico Court of Appeals · 2008
  3. State v. RayburnsNew Mexico Court of Appeals · 2008
  4. State v. CoburnNew Mexico Court of Appeals · 1995
  5. County of Los Alamos v. BeckmanNew Mexico Court of Appeals · 1995

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

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