[Download] "State v. Session" by New Mexico Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: State v. Session
• Author : New Mexico Court of Appeals
• Release Date : January 03, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Defendant was charged with receiving stolen property valued over $100.00 but less than $2,500.00. Section 40A-16-11, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp.1975). The charge was a felony offense. Paragraph E of § 40A-16-11, supra. Defendant moved to dismiss the charge or, in the alternative, to reduce the charge to a misdemeanor. This motion was based on an alleged promise by a police detective. After an evidentiary hearing, the trial court denied the motion to dismiss, granted the motion to reduce the charge and "directed" the district attorney "to reduce these charges to a lesser included offense constituting a misdemeanor." The State appeals. We discuss: (1) authority of the district court, (2) the agreement, (3) enforceability of the agreement, and (4) performance of the agreement.

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