SCHROEDER, J.
Mark Steven Harris (Harris) was convicted for the crimes of rape and kidnapping in the first degree. The Court of Appeals vacated his judgments of conviction and remanded for a new trial after concluding that the district court had abused its discretion by excluding a defense witness from testifying as the sanction imposed for failing to timely disclose the witness. This matter is before the Court on the State's petition for review.
I.
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