State v. Sanchez

OPINION

APODACA, J.

{1} The State appeals from the trial court’s suppression of evidence. Defendant was charged with one count of possession of marijuana with intent to distribute, in violation of NMSA 1978, § 30-31-22(A)(l)(a) (1990) and one count of conspiracy to so possess, in violation of the same statute and NMSA 1978, § 30-28-2 (1979). The trial court ruled that, because a federal agency destroyed the bulk of the marijuana, the State would be prohibited from introducing testimony as to the full amount and weight of marijuana seized and from introducing photographs of the marijuana.…