State v. Penner

OPINION

WOOD, Judge.

NMSA 1978, § 31-6-12(A) (Cum.Supp.1983), provides that a witness subpoenaed to appear before a grand jury shall be given thirty-six hours’ notice unless a district judge specifically approves a shorter period. Rogers v. State, 94 N.M. 218, 608 P.2d 530 (Ct.App.1980), held that the thirty-six hours’ notice provision applies to the target of a grand jury investigation. Defendant was given notice that he -was a target, but was not given thirty-six hours’ notice. Defendant moved that the grand jury indictment be dismissed because the thirty-six hours’ notice requirement was not…