State v. Saiz

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of shoplifting merchandise valued over $100. Section 30-16-20, N.M.S.A.1978. We proposed summary affirmance; however, the appeal was reassigned to the limited calendar as to one issue. N.M.Crim.App. 207(d). The issue involves the propriety of the prosecutor’s comment to the grand jury. The comment was:

This case was before you on a previous hearing. It was dismissed by Judge Baiamonte concerning, due to confusion over the identity of the defendant, and we are now again seeking an indictment on him.

Defendant contends the comment was…