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MATHIS v. STATE

No. 19717.

819 P.2d 1302 (1991)

112 N.M. 744

Jimmy MATHIS and Benny Mathis, Petitioners, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

September 24, 1991.

Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Hollis Ann Whitson, Appellate Defender, Jerry Todd Wertheim, Asst. Appellate Defender, Santa Fe, for petitioners.

Tom Udall, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

FRANCHINI, Justice.

We granted certiorari to consider the following questions: (1) whether the court of appeals erred in its interpretation of our writ of prohibition, and (2) whether the court of appeals erred in reversing the trial court's order of dismissal based upon the state's bad faith failure to provide discovery. We answer yes to both questions, reverse the court of appeals, and remand for dismissal.

Jimmy and Benny Mathis were charged...

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