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STATE V. YAZZIE

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STATE OF NEW MEXICO,
Plaintiff-Appellant,
v.

LIONEL YAZZIE,
Defendant-Appellee.

No. 34,541

COURT OF APPEALS OF NEW MEXICO

June 30, 2015


APPEAL FROM THE DISTRICT COURT OF McKINLEY COUNTY, Robert A. Aragon, District Judge

COUNSEL

Hector H. Balderas, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellant

Jorge A. Alvarado, Chief Public Defender, Santa Fe, NM, for Appellee

JUDGES

MICHAEL E. VIGIL, Chief Judge. WE CONCUR: CYNTHIA A. FRY, Judge, LINDA M. VANZI, Judge

AUTHOR: MICHAEL E. VIGIL

MEMORANDUM OPINION

VIGIL, Judge.

{1}       The State appeals the district court’s dismissal of charges against Defendant for violation of the magistrate court 182-day rule. [DS 2] We issued a notice of proposed summary disposition, proposing to summarily dismiss the appeal for lack of a final order.

{2}       The State has responded to our notice, indicating that the State will not be filing a memorandum in opposition. [MIO 1] Accordingly, for the reasons detailed in our notice, we dismiss the State’s appeal for lack of a final order.

{3}       IT IS SO ORDERED.

MICHAEL E. VIGIL, Chief Judge

WE CONCUR:

CYNTHIA A. FRY, Judge

LINDA M. VANZI, Judge

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