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STATE v. JACKSON

No. 28,107.

212 P.3d 1117 (2009)

2009-NMCA-068

STATE of New Mexico, Plaintiff-Appellee, v. Clarence JACKSON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,745, July 23, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee.

Robert E. Tangora, L.L.C., Robert E. Tangora, Santa Fe, NM, for Appellant.

OPINION

VANZI, Judge.

{1} The issue presented in this case is whether a person on probation who provides a false urine sample may be convicted of tampering with evidence in violation of NMSA 1978, Section 30-22-5(B)(4) (2003). Defendant moved to dismiss on grounds that such conduct does not, by itself, constitute tampering with evidence. The district court denied Defendant's motion, and Defendant appeals. We reverse.

I. BACKGROUND<...

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