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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.

NICHOLAS EDWARD BRAVO, Defendant-Appellee, represented by John A. McCall

This is the State’s appeal from the District Court’s Order Granting Defendant’s Motion to Dismiss, dismissing Defendant’s charge for felony possession of a controlled substance (methamphetamine). The charge arose out of methamphetamine found in Defendant’s wallet by a transport officer following Defendant’s arrest after an investigatory detention. On the date of Defendant’s arrest, he was cited in Las Cruces Municipal Court for three violations of the Las Cruces Municipal Code. That same day, the State initiated the methamphetamine possession prosecution by filing a criminal complaint in magistrate court. After pleading guilty to the citations in Municipal Court, Defendant moved to dismiss the methamphetamine possession charge, arguing that it should have been joined with the Municipal 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.