State v. Lewis

VARGAS, Judge.

{1} Having denied Appellant's motion for rehearing, we withdraw the opinion filed on August 31, 2017, and substitute the following in its place. The State asks us to reverse the district court's sanction of dismissal with prejudice of Defendant's shoplifting charges resulting from the State's failure to timely turn over recordings of witness identification interviews. Because the district court failed to explain the manner in which it considered culpability, prejudice, and lesser sanctions, as required by State v. Harper , 2011-NMSC-044, 150 N.M. 745, 266 P.3d 25, and clarified…