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McCARTY v. STATE

No. 17651.

763 P.2d 360 (1988)

107 N.M. 651

Mark McCARTY, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied November 15, 1988.

Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for petitioner.

Hal Stratton, Atty. Gen., Sharon Walton, Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

RANSOM, Justice.

We granted certiorari to review the trial court's preclusion of witness testimony as a sanction against defendant Mark McCarty for failure to comply with a demand for notice of alibi. The court of appeals affirmed. Because the trial court abused its discretion in precluding testimony under the facts and circumstances of this case, we reverse.

Sometime between the late hours of May 17 and the early morning hours of May 18...

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