STATE v. ALVERSON

No. 32,046.

308 P.3d 1027 (2013)

2013-NMCA-091

STATE of New Mexico, Plaintiff-Appellant, v. Kevin ALVERSON, Defendant-Appellee.

Court of Appeals of New Mexico.

June 6, 2013.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Pranava Upadrashta , Assistant Attorney General, Santa Fe, NM, for Appellant.

The Law Offices of Nancy L. Simmons, P.C., Nancy L. Simmons , Albuquerque, NM, for Appellee.


OPINION

SUTIN, Judge.

{1} Owing to his possession of what the State characterized as "dry ice bombs," Defendant Kevin Alverson was charged with possession of an explosive or incendiary device, contrary to NMSA 1978, Section 30-7-19.1 (1990), a fourth degree felony. The district court dismissed the charge as a matter of law. The State appeals. We hold that the device was neither an "explosive...

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