Supreme Court of New Mexico
Decision Information
Arnold v. State - cited by 12 documents
State v. Mann - cited by 56 documents
Decision Content
STATE V. MAYBERRY, 1980-NMSC-046, 94 N.M. 278, 609 P.2d 725 (S. Ct. 1980)
STATE OF NEW MEXICO, Petitioner,
vs.
CHARLES EARL MAYBERRY and CALVIN RAY PHILLIPS,
Respondents.
No. 12946
SUPREME COURT OF NEW MEXICO
1980-NMSC-046, 94 N.M. 278, 609 P.2d 725
April 11, 1980
ORIGINAL PROCEEDING ON CERTIORARI
JUDGES
WE CONCUR: DAN SOSA, JR., Chief Justice, MACK EASLEY, Justice, WILLIAM R. FEDERICI, Justice, EDWIN L. FELTER, Justice
OPINION
ORDER
Payne, Justice.
{1} This case comes before us on a petition for writ of certiorari and raises the same issue as that recently resolved by this Court in State v. Mann, 94 N.M. 276, 609 P.2d 723 (1980). The issue is whether magistrate courts can rely upon N.M. Magis.R. Crim.P. 17(b), N.M.S.A. 1978, in dismissing felony charges over which they have no trial jurisdiction. They cannot. For the reasons set forth in Mann, we reverse the Court of Appeals. The State may proceed with its prosecution of the defendants under the grand jury indictment issued against them on November 13, 1979.
{2} IT IS SO ORDERED.
WE CONCUR:
SOSA, Chief Justice, EASLEY, Justice, FEDERICI, Justice, FELTER, Justice.