Chacon v. State

A. Rule 93 relief was erroneously denied.

Defendant filed a motion for Rule 93 relief, § 21-1-1(93), N.M.S.A.1953 (Repl. Vol. 4). Defendant requested the court to direct the State to disclose any documents in its possession or control material to the defense. A hearing was held. It disclosed a written statement by Mary Gayton and a supplementary report by a detective in the Sheriff’s department. The trial court entered an order “that the Defendant’s motion is denied.” In its comments after the hearing, the trial court stated:

[Tjhere’s been no showing of any deliberate suppression or use of…