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STATE v. ULIBARRI

No. 26,027.

997 P.2d 818 (2000)

128 N.M. 686

2000-NMSC-007

STATE of New Mexico, Plaintiff-Petitioner, v. Michael Zane ULIBARRI and Julianne Popplewell, Defendants-Respondents, State of New Mexico, Plaintiff-Petitioner, v. Carlos Ray Montoya, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied March 21, 2000.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, for Petitioner.

Marchiondo, Vigil & Associates, P.C., Michael E. Vigil, Albuquerque, for Respondents.

Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Charles W. Daniels, Albuquerque, for Amicus Curiae, New Mexico Criminal Defense Lawyers Association.

OPINION

MINZNER, Chief Justice.

{1} This Court granted certiorari in these consolidated cases. These cases involve the issue of whether a prosecutor is required to instruct the grand jury, on the record, of the essential elements of offenses it is to consider. It is the opinion of a majority of this Court that we adopt the opinion of the Court of Appeals. State v. Ulibarri, 1999-NMCA-142,

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