STATE v. ALINGOG

No. 14191.

866 P.2d 378 (1993)

116 N.M.App. 650

STATE of New Mexico, Plaintiff-Appellant, v. Victoria A. ALINGOG, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted December 30, 1993.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Patricia Gandert, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Sammy J. Quintana, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

Robert M. Schwartz, Steven S. Suttle, Albuquerque, for amicus curiae NM District Attorneys' Ass'n.

Gregg Vance Fallick, Barbara E. Bergman, Ray Twohig, Albuquerque, for amicus curiae NM Criminal Defense Lawyers Ass'n.


OPINION

BIVINS, Judge.

The State appeals from an order dismissing, on double-jeopardy grounds, Count I of a criminal information, aggravated assault on a peace officer with a deadly weapon, NMSA 1978, § 30-22-22(A)(1) (Repl.Pamp. 1984), based on Defendant's plea of no contest to Count V, resisting, evading, or obstructing an officer, NMSA 1978, § 30-22-1 (Repl. Pamp. 1984). Three issues are raised: (1) whether the district court erred in...

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