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State v. Augustin M.3/5/2003
118 N.M. at 42, 878 P.2d at 991. Even were such an element involved, just as with self-defense the prosecutor is not required to instruct when the evidence supporting the defense is circumstantial evidence, rather than evidence directly negating guilt. Even were there some evidence directly negating guilt, there still exists no requirement that the prosecutor instruct the grand jury on a defense of justification. The prosecutor has the duty only to "present evidence that directly negates the guilt of the target where [the prosecutor] is aware of such evidence" as required under Section 31-6-11(B).
We hold that the prosecutor had no duty to instruct the grand jury on Defendant's religious-use defense.
CONCLUSION
We dismiss the appeal in Augustin M. for absence of a right to an immediate appeal from the denial of Child's motion to quash the grand jury indictment. We affirm the district court's denial in Flenniken of Defendant's motion to dismiss the grand jury indictment. We reverse the district court's grant in Chavez of Defendant's motion to dismiss the grand jury indictment, and we remand with instructions to the district court to reinstate the indictment.
IT IS SO ORDERED.
WE CONCUR:
LYNN PICKARD, Judge
CELIA FOY CASTILLO, Judge
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