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STATE v. SMITH

No. 27,704.

204 P.3d 1267 (2008)

2009-NMCA-028

STATE of New Mexico, Plaintiff-Appellant, v. Phillip SMITH, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,510, March 13, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, James W. Grayson, Assistant Attorney General, Albuquerque, NM, for Appellant.

Hugh W. Dangler, Chief Public Defender, Nina Lalevic, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

ALARID, Judge.

{1} This case arises from a pretrial district court dismissal of a count of manufacturing child pornography under NMSA 1978, Section 30-6A-3(D) (2001, prior to 2007 amendment). The sole issue in this case is whether the facts alleged by the State in pretrial proceedings, if proven, would be sufficient to constitute manufacturing under Section 30-6A-3(D).

{2} The State's main argument is that the district...

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