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STATE v. ORTIZ

No. 27,544.

215 P.3d 811 (2009)

2009-NMCA-092

STATE of New Mexico, Plaintiff-Appellant, v. Marty ORTIZ, Defendant-Appellee.

Court of Appeals of New Mexico.

August 13, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellant.

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

OPINION

SUTIN, Judge.

{1} The State appeals from the district court's order dismissing the charges against Defendant with prejudice, in part due to the State's failure to comply with a discovery order under Rule 5-501(A)(3) NMRA. The court determined that Defendant made a threshold showing that the discovery requested was potentially material to the defense and ordered the State to identify whether any such material evidence existed. The State...

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