State v. Blue

OPINION

APODACA, Judge.

{1} This is an appeal by the State from the district court’s dismissal of an indictment against Defendant. The district court dismissed the indictment because of the prosecutor’s failure to present additional evidence of Defendant’s polygraph test to the grand jury as direct exculpatory evidence. The State argues that dismissal was error. We agree and reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

{2} The grand jury indicted Defendant for criminal sexual penetration by force or coercion and kidnapping of the victim. See NMSA 1978, §§ 30-9-11(0(2) (1995), 30-4-1(A)(3)…