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STATE v. COLEMAN

No. 1475.

530 P.2d 947 (1974)

87 N.M. 153

STATE of New Mexico, Plaintiff-Appellant, v. Patrick Tate COLEMAN, Defendant-Appellee.

Court of Appeals of New Mexico.

December 18, 1974.

Attorney(s) appearing for the Case

E.C. Serna, Asa Kelly, Jr., Sp. Asst. Attys. Gen., Silver City, for plaintiff-appellant.

Frederick H. Sherman, Sherman and Sherman, Deming, for defendant-appellee.

OPINION

SUTIN, Judge.

This is an appeal by the state from an order of the trial court which suppressed the evidence pertaining to a quantity of marijuana found in defendant's vehicle. The appeal is taken pursuant to § 21-10-2.1(B)(2), N.M.S.A. 1953 (Repl. Vol. 4, 1973 Supp.).

The state did not challenge the trial court's findings of fact. It contends that the warrantless search of the defendant's vehicle and subsequent seizure of marijuana was...

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