State v. Lewis

OPINION

COATS, Judge.

This case is a petition for review of an order of the superior court suppressing prosecution evidence because of discovery violations. We formerly granted the petition and have decided to reverse the order of the superior court.

The defendant in this case, Horace Lewis, is currently awaiting trial on a charge of sexual assault in the third degree. 1 Lewis was charged with sexually penetrating M. T. knowing that she was incapacitated. The evidence which the trial judge ordered not to be used at trial consisted of the results of tests performed by experts employed in the FBI…