STATE v. LUJAN

No. 26,315.

175 P.3d 327 (2007)

2008-NMCA-003

STATE of New Mexico, Plaintiff-Appellee, v. Rene LUJAN, Defendant-Appellant.

Court of Appeals of New Mexico.

November 15, 2007.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Will O'Connell, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

ROBINSON, Judge.

{1} Rene Lujan (Defendant) appeals his conviction for possession of cocaine, arguing that the district court should have granted his motion to suppress drug evidence discovered in the course of a search incident to his arrest on a warrant. Probable cause for the warrant was founded on evidence later suppressed that had been seized fifteen days earlier when officers improperly entered Defendant's home. We reverse, holding...

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