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STATE v. BARTLETT

No. 10994.

789 P.2d 627 (1990)

109 N.M. 679

STATE of New Mexico, Plaintiff-Appellant, v. Boyd Bartlett, Defendant-Appellee.

Court of Appeals of New Mexico.

March 6, 1990.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen. and Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Penni Adrian and Ron Koch, Pros. Attys., Albuquerque, for defendant-appellee.

OPINION

ALARID, Judge.

The opinion filed in this case on February 27, 1990, is hereby withdrawn and the following opinion is substituted therefor.

The state appeals the dismissal of a charge filed against defendant. The dismissal was based on the state's failure to comply with a discovery order. We reverse.

Defendant was charged with criminal sexual penetration based on an incident that occurred on August 13, 1987. The victim was interviewed...

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