State of New Mexico v. Christian Krone

Gallip, New Mexico shooting at or from a motor vehicle and assault and battery with a dangerous weapon charge criminal defense lawyer represented the Defendant.

Defendant Christian Krone was charged with violating NMSA 1978, Section 30-3-8(B) (1993), for shooting at or from a motor vehicle; and NMSA 1978, Section 30-3-2(A) (1963), for assaulting or striking Deandre Eugene Cooper with a firearm. Because the investigating officer did not collect Mr. Cooper's vehicle or its door

containing the alleged bullet hole from the crime scene, Defendant moved to dismiss the criminal information. The district court granted the motion pursuant to State v. Chouinard, 1981-NMSC-096, 96 N.M. 658, 634 P.2d 680. The State appeals, arguing that the district court erred by (1) applying Chouinard because the governing test for the failure to collect evidence is set forth in State v. Ware, 1994-NMSC-091, 118 N.M. 319, 881 P.2d 679; (2) concluding that the evidence at issue is material; and (3) selecting an appropriate sanction. We agree with the State on the first point. We are unpersuaded by its argument regarding the second point. We offer no opinion on the third point because in order to determine what sanction-if any-is appropriate, it is necessary to answer a question of fact regarding the conduct of the investigating officer. See id.

Reversed