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STATE v. AREVALO

No. 21,985.

47 P.3d 866 (2002)

132 N.M. 306

2002-NMCA-062

STATE of New Mexico, Plaintiff-Appellant, v. Juan AREVALO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 28, 2002.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM for Appellant.

Phyllis H. Subin, Chief Public Defender, Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM for Appellee.

Certiorari Denied, No. 27,483, May 28, 2002.

OPINION

SUTIN, Judge.

{1} We address whether a defendant can bar his prosecution under the doctrine of nonmutual collateral estoppel when a co-defendant charged with the same crime was acquitted in a separate trial. The trial court entered a judgment of acquittal, and the State appeals. We determine the doctrine is unavailable to bar the prosecution and reverse.

BACKGROUND

{2} On June...

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