New Mexico Court of Appeals December 1, 1994, 15305 (State v. Montoya)

OPINION

MINZNER, Chief Judge.

The State appeals the dismissal of the indictment against Defendant for failure to comply with the time limit in the Interstate Agreement on Detainers (IAD), NMSA 1978, § 31-5-12 (Repl.Pamp.1984). The issue is whether State v. Shaw, 98 N.M. 580, 651 P.2d 115 (Ct.App.1982), controls. We conclude it does not and reverse.