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STATE v. NEMROD

No. 1008.

509 P.2d 885 (1973)

85 N.M. 118

STATE of New Mexico, Plaintiff-Appellee, v. Hank NEMROD, Defendant-Appellant.

Court of Appeals of New Mexico.

April 13, 1973.

Attorney(s) appearing for the Case

Patrick S. Villella, Knight, Sullivan & Villella, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Harvey Fruman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant was convicted of possession of more than one ounce of marijuana. Sections 54-9-3 and 54-9-4, N.M.S.A. 1953 (Repl.Vol. 1962, pt. 2, Supp. 1971).

Defendant contends, among other things, that his motion to suppress should have been granted. We agree. The issues of standing and unlawful search are dispositive of the appeal. We reverse and remand.

The record discloses the following on the motion to suppress. Defendant...

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