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STATE v. JIMENEZ

No. 18992.

810 P.2d 801 (1991)

111 N.M. 782

STATE of New Mexico, Petitioner, v. Gilbert JIMENEZ, Respondent.

Supreme Court of New Mexico.

April 30, 1991.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for petitioner.

Jacquelyn Robins, Chief Public Defender, Bruce Rogoff, Asst. Appellate Defender, Santa Fe, for respondent.

OPINION

MONTGOMERY, Justice.

In its opinion below,1 the court of appeals held that a preprosecution diversion agreement (PDA) between the state and an accused may not be terminated by the state on the sole ground that the accused is unable to make restitution as provided in the agreement. The state petitioned this Court for a writ of certiorari, contending that the court of appeals'...

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