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STATE v. PEREZ

No. 7870.

699 P.2d 136 (1985)

102 N.M. 663

STATE of New Mexico, Plaintiff-Appellant, v. Jose R. PEREZ, Defendant-Appellee.

Court of Appeals of New Mexico.

April 16, 1985.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., William McCuen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Janet Clow, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

DONNELLY, Chief Judge.

The state appeals from an order dismissing its criminal information charging defendant with one count of distribution of a controlled substance, to wit, marijuana, contrary to NMSA 1978, Section 30-31-22(A)(1) (Repl.Pamp.1980). The trial court's dismissal was predicated upon the state's refusal to disclose a confidential informant alleged to have witnessed defendant's sale of marijuana to an undercover agent. On appeal the...

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