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State v. Krause

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eBook details

  • Title: State v. Krause
  • Author : New Mexico Court of Appeals
  • Release Date : January 15, 1997
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Opinion Number: 1998-NMCA-013 {1} Defendant appeals a judgment of the district court in an on-record appeal from the metropolitan court. He contends that the district court erred in refusing to allow him a de novo appeal. We agree and reverse and remand to the district court for a de novo appeal. {2} Defendant was charged in metropolitan court with driving while intoxicated, eluding an officer, and reckless driving. Because of the charge of driving while intoxicated, the trial in metropolitan court was on the record. At the close of the State's case-in-chief, a directed verdict on the charge of driving while intoxicated was granted and Defendant was convicted of eluding an officer and reckless driving. Defendant appealed this conviction to district court. His demand for a de novo appeal was denied. The appeal proceeded on the record and the conviction was upheld. Thereafter, Defendant appealed to this Court.


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