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STATE v. RANKIN, 31 (2012)

Court: Court of Appeals of New Mexico Number: innmco20120716266 Visitors: 7
Filed: Jun. 01, 2012
Latest Update: Jun. 01, 2012
Summary: This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. MEMORANDUM OPINION VIGIL, Judge. The State appealed an order dismissing the charges against Defendant in this case. In our notice of proposed summary disposition, we proposed to affirm, stating that dismissal was appropriate pursuant to Rule 5-203(A) NMRA, since the State had failed to join these charges with the r
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This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.

MEMORANDUM OPINION

VIGIL, Judge.

The State appealed an order dismissing the charges against Defendant in this case. In our notice of proposed summary disposition, we proposed to affirm, stating that dismissal was appropriate pursuant to Rule 5-203(A) NMRA, since the State had failed to join these charges with the related charges in a prior case. The State has filed a response in which it now concedes that joinder was required. It therefore does not oppose summary affirmance. Accordingly, for the reasons stated in our notice of proposed summary disposition, we affirm.

IT IS SO ORDERED.

RODERICK T. KENNEDY, Judge and LINDA M. VANZI, Judge, concurs.

Source:  Leagle

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