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STATE v. PEREZ

No. 31,814.

318 P.3d 195 (2013)

2014-NMCA-023

STATE of New Mexico, Plaintiff-Appellee, v. Steven PEREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

November 18, 2013.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Corinna Laszlo-Henry , Assistant Attorney General, Santa Fe, NM, for Appellee.

Jorge A. Alvarado , Chief Public Defender, Will O'Connell , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals from his conviction by a jury of criminal sexual penetration in the fourth degree. Defendant's primary argument is that, because the magistrate judge's probable cause determination at a preliminary hearing rested on no more than judicial notice of testimony from a prior hearing, no proper felony prosecution was initiated against him. We recognize that there are serious problems with the magistrate...

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