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State v. Medina

Court of Appeals of New Mexico
Oct 29, 2021
No. A-1-CA-38944 (N.M. Ct. App. Oct. 29, 2021)

Opinion

A-1-CA-38944

10-29-2021

STATE OF NEW MEXICO, Plaintiff-Respondent, v. CYNTHIA L. MEDINA a/k/a CYNTHIA LEE FEREBEE, Defendant-Petitioner.

Hector H. Balderas, Attorney General Santa Fe, NM M. Victoria Wilson, Assistant Attorney General Albuquerque, NM for Respondent Jones, Snead, Wertheim & Clifford, P.A. Jerry Todd Wertheim Santa Fe, NM for Petitioner


Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.

APPEAL FROM THE DISTRICT COURT OF TAOS COUNTY Emilio J. Chavez, District Judge

Hector H. Balderas, Attorney General

Santa Fe, NM

M. Victoria Wilson, Assistant Attorney General

Albuquerque, NM

for Respondent

Jones, Snead, Wertheim & Clifford, P.A.

Jerry Todd Wertheim

Santa Fe, NM

for Petitioner

MEMORANDUM OPINION

J. MILES HANISEE, CHIEF JUDGE

{¶1} Defendant appeals the denial of a motion to dismiss an indictment asserting a violation of the structural integrity of the grand jury process. [Ex.4 1] This Court's notice of proposed summary disposition proposed to reverse based upon the State's failure to provide sufficient notice of those grand jury proceedings, as required by Rule 5-302A NMRA. [CN 6] In response, the State has filed a notice that it does not intend to file a memorandum in opposition to this Court's proposed summary reversal. We, therefore, reverse the district court's order denying dismissal of the indictment.

{¶2} IT IS SO ORDERED.

WE CONCUR: JENNIFER L. ATTREP, Judge, JACQUELINE R. MEDINA, Judge


Summaries of

State v. Medina

Court of Appeals of New Mexico
Oct 29, 2021
No. A-1-CA-38944 (N.M. Ct. App. Oct. 29, 2021)
Case details for

State v. Medina

Case Details

Full title:STATE OF NEW MEXICO, Plaintiff-Respondent, v. CYNTHIA L. MEDINA a/k/a…

Court:Court of Appeals of New Mexico

Date published: Oct 29, 2021

Citations

No. A-1-CA-38944 (N.M. Ct. App. Oct. 29, 2021)