State v. Muraida

OPINION

HANISEE, Judge.

{1} The State appeals the district court’s dismissal of the criminal complaint charging Defendant Gerard Muraida, M.D., with abuse and/or neglect of a nursing home resident, who died due to blood loss from an excessively prescribed quantity of the anticoagulant drug Coumadin. The State argues that the district court impermissibly decided the merits of the case by implicitly engaging in fact finding in its dismissal of the complaint pursuant to Defendant’s pretrial Foulenfont motion. See State v. Foulenfont, 1995-NMCA-028, ¶ 2, 119 N.M. 788, 895 P.2d 1329 (allowing the…