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  • 5-year legal fight over O’Doul’s beer (NM man convicted of open container in car)

    06/27/2013 1:00:58 PM PDT · by CedarDave · 56 replies
    The Albuquerque Journal ^ | June 27, 2013 | Steve Hansen
    TUCUMCARI – A Tucumcari man’s five-year effort to be exonerated of charges for having an open container of O’Doul’s non-alcoholic beer in his car ran into a procedural hurdle Tuesday in 10th District Court. Judge Albert Mitchell threw out Gary Southern’s motion to have his conviction for having an open container of an alcoholic beverage in his car set aside because it was based on a writ of coram nobis, a procedural device that has been abolished in New Mexico courts. Mitchell then advised Southern that he had two options: He could appeal Mitchell’s decision of Tuesday or file a...