(DOWNLOAD) "State V. Benally" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Benally
- Author : New Mexico Court of Appeals
- Release Date : January 01, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The following events are material to the State's issue: On November 25, 1981, a criminal complaint was filed in Magistrate Court charging defendant with committing on November 24, 1981, an aggravated battery, contrary to § 30-3-5(C), N.M.S.A. 1978, upon a person by use of a motor vehicle. Handwritten on the complaint was a non-dated notation amending the complaint to charge homicide by vehicle (great bodily injury), contrary to § 66-8-101(B), N.M.S.A. 1978 (1982 Cum. Supp.). Defendant was bound over on December 16, 1981, on the "amended" complaint, charging homicide by vehicle (great bodily harm or injury). On December 21, 1981, a criminal information was filed in district court charging defendant with great bodily injury by motor vehicle contrary to § 66-8-101, supra. Defendant waived arraignment and the case was placed on the trailing docket for trial on February 22, 1982. On February 19, 1982, defendant moved for a mental examination and a continuance because of the time required for a mental examination. Motions for the continuance and mental examination were granted. The case was placed first on the trailing docket for trials to commence on March 22, 1982. On March 19, the State moved for a continuance, alleging it had not had enough time to prepare for trial because until two days earlier, the defendant had led the State to believe he would plead guilty to the charge, but had then decided to go to trial. In reliance on defendant's anticipated plea, the State had not subpoenaed its witnesses. The motion for continuance was granted and the case was placed third on the April 26 trailing docket.
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