State v. Ulibarri
New Mexico Court of Appeals
1Opinion of the Court
OPINION
BUSTAMANTE, Judge.
{1} These consolidated cases present the same issue: Whether a prosecutor is required to instruct the grand jury on the record of the essential elements of offenses it is to consider. We determine that instruction on the record is necessary, and for the reasons discussed herein we affirm the order of dismissal in State v. Ulibarri & Popplewell, No. 19,126, and reverse the order in State v. Montoya, No. 19,451.
FACTS AND PROCEEDINGS
State v. Ulibarri and Popplewell
{2} On June 18, 1997, the district attorney for the Second Judicial District presented the State’s case…
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