State v. Medina

Opinion

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-38944

STATE OF NEW MEXICO,

Plaintiff-Respondent,

v.

CYNTHIA L. MEDINA a/k/a CYNTHIA LEE FEREBEE,

Defendant-Petitioner.

APPEAL FROM THE DISTRICT COURT OF TAOS COUNTY Emilio J. Chavez, District Judge

Hector H. Balderas, Attorney General Santa Fe, NM M. Victoria Wilson, Assistant Attorney General Albuquerque, NM

for Appellee

Jones, Snead, Wertheim & Clifford, P.A. Jerry Todd Wertheim Santa Fe, NM

for Appellant

MEMORANDUM OPINION

HANISEE, Chief Judge.

{1} Defendant appeals the denial of a motion to dismiss an indictment asserting a violation of the structural integrity of the grand jury process. [Ex.4 1] This Court’s notice of proposed summary disposition proposed to reverse based upon the State’s failure to provide sufficient notice of those grand jury proceedings, as required by Rule 5-302A NMRA. [CN 6] In response, the State has filed a notice that it does not intend to file a memorandum in opposition to this Court’s proposed summary reversal. We, therefore, reverse the district court’s order denying dismissal of the indictment.

{2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge

JACQUELINE R. MEDINA, Judge