SANTA FE, N.M. (AP) — An appellate court decision upholds the dismissal of a 2016 fraud indictment against two people who worked at a livestock auction business in Roosevelt County in eastern New Mexico.

The New Mexico Court of Appeals decision issued Monday says District Judge Drew Tatum ruled correctly that Darcie Pareo and Calvin Pareo were denied their right under state law to testify before the grand jury that charged them with fraud, conspiracy and other crimes.

The decision says a prosecutor told grand jurors that the defendants wanted to testify and were available but failed to disclose that they had a right to testify.

The decision says prosecutors may seek a new indictment but most inform the grand jury that the defendants have a right to testify if they still wish to testify.