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State v. Robles5/7/1992
less at the point at which the first officer encountered it," id. at 358, 666 P.2d at 458, in this case Officer Tena stated that he saw Robles driving the truck across the parking lot before he brought it to a stop and turned off the engine. If Tena's testimony is believed by the jury, then Zavala provides no defense. Therefore the trial court abused its discretion in dismissing on this ground as well.
The trial court's order dismissing the charges against Robles is vacated and the cause is remanded for further proceedings consistent with this opinion.
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