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STATE v. ULIBARRI

Nos. 19,126, 19,451.

994 P.2d 1164 (1999)

128 N.M. 546

1999-NMCA-142

STATE of New Mexico, Plaintiff-Appellant, v. Michael Zane ULIBARRI, and Julianne Popplewell, Defendants-Appellees. State of New Mexico, Plaintiff-Appellee, v. Carlos Ray Montoya, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted December 2, 1999.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, for State of New Mexico.

Michael E. Vigil, Marchiondo, Vigil & Associates, P.C., Albuquerque, for Appellees Ulibarri and Popplewell and for Appellant Montoya.

Certiorari Granted, No. 26,027, December 2, 1999.

OPINION

BUSTAMANTE, Judge.

{1} These consolidated cases present the same issue: Whether a prosecutor is required to instruct the grand jury on the record of the essential elements of offenses it is to consider. We determine that instruction on the record is necessary, and for the reasons discussed herein we affirm the order of dismissal in State v. Ulibarri & Popplewell, No. 19,126...

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