STATE v. ALTHERR

No. 14682.

872 P.2d 376 (1994)

117 N.M. 403

STATE of New Mexico, Plaintiff-Appellant, v. Sondra J. ALTHERR, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 6, 1994.


Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Max Shepherd, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

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


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...

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