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NM Court of Appeals Schedules October 23, 10:00 AM Hearing

October 16, 2017 - Jen Laws

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The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Monday, October 23, 2017. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge M. Monica Zamora (’87), Judge Julie J. Vargas (’93), and Judge Henry Bohnhoff.

Following are the details of the case:

STATE OF NEW MEXICO, Plaintiff-Appellant, represented by Charles J. Gutierrez

v.

CHRISTOPHER HEYSER, Defendant-Appellee, represented by Linda Helen Bennett

This is the State’s appeal from the District Court’s Order Granting Defendant’s Motion to Dismiss, dismissing a one-count grand jury indictment charging Defendant with felony possession of a controlled substance (cocaine). The charge arose out of cocaine found in Defendant’s boot at the Dona Ana County Detention Center while booking Defendant into the facility after his arrest for aggravated DUI. On the date of Defendant’s arrest, the State charged him with the aggravated DUI (and traffic offenses) in Dona Ana County Magistrate Court. Defendant’s indictment in District Court for felony possession of a controlled substance occurred while the Magistrate Court proceedings were pending. After pleading guilty to the Magistrate Court charges, Defendant moved to dismiss the cocaine possession charge, arguing that it should have been joined with the Magistrate Court citations pursuant to the compulsory joinder rule, Rule 5-203(A) NRMA. This motion was granted by the District Court.

For more information, contact Nora Gonzales at 505-841-4618.