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STATE v. DURAN

No. 13409.

630 P.2d 763 (1981)

96 N.M. 364

STATE of New Mexico, Petitioner, v. Richard Arnold DURAN, Respondent.

Supreme Court of New Mexico.

July 2, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Carol Jean Vigil, Asst. Atty. Gen., Santa Fe, for petitioner.

Martha A. Daly, Appellate Defender, Santa Fe, for respondent.

OPINION

EASLEY, Chief Justice.

Duran was convicted of second-degree murder. Prior to trial, he moved to dismiss or preclude presentation of fingerprint evidence on the ground that the investigating officers improperly destroyed a Coke can found at the scene of the crime from which a fingerprint matching Duran's was lifted. The trial court denied the motion. The Court of Appeals placed the case on its summary calendar and reversed by memorandum opinion without...

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