STATE v. ALMANZA

No. 25,929.

160 P.3d 932 (2007)

2007-NMCA-073

STATE of New Mexico, Plaintiff-Appellee, v. Rodney ALMANZA, Defendant-Appellant.

Court of Appeals of New Mexico.

May 18, 2007.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM for Appellee.

John Bigelow, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM for Appellant.


OPINION

PICKARD, Judge.

{1} The issue we are required to determine in this case is whether a witness in a criminal case is allowed to give testimony by telephone in the absence of a compelling reason or need for such testimony. We hold that the appearance by telephone of a chemist from the New Mexico State Crime Lab was not permitted under the circumstances of this case, and we therefore reverse Defendant's conviction for distribution of a controlled substance...

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