State v. Sanchez

OPINION

HENDLEY, Judge.

Convicted of commercial burglary, defendant appeals listing several points for reversal. The defendant claims he was denied due process because the indictment should have been dismissed for failure of the prosecutor to present exculpatory evidence. The State responded to defendant’s brief in chief by way of a Motion for Summary Disposition. Paragraph number two of the motion states that “[f]rom the record, it appears clear that the State knowingly withheld clearly exculpatory evidence from the grand jury but that this action was based upon a determination that the…