State v. Herrera

OPINION

WOOD, Chief Judge.

The trial court dismissed the indictment on the basis that the prosecutor who presented the matter to the grand jury had withheld exculpatory evidence. The State appeals; we affirm the dismissal.

Defendant, the mother of the deceased child, was charged with permitting child abuse which resulted in the death of the child. Baker, the mother’s live-in boyfriend, was charged with committing the child abuse which resulted in the death. This appeal involves only the charge against defendant.

Defendant moved to dismiss the indictment; the motion alleged that the prosecutor…