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STATE v. SANCHEZ

No. 1685.

540 P.2d 858 (1975)

88 N.M. 378

STATE of New Mexico, Plaintiff-Appellee, v. Clarence SANCHEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted July 21, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Reginald J. Storment, Asst. Appellate Defender, Santa Fe, for appellant.

Toney Anaya, Atty. Gen., Jay F. Rosenthal, Mark Gerald Shoesmith, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

SUTIN, Judge.

Defendant was convicted of possessing heroin in violation of § 54-11-23, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, 1973 Supp.). Defendant appeals. We reverse.

The denial of defendant's motion to suppress evidence seized from his apartment was reversible error for the following reasons:

(1) The mode of procedure in which the police officers gained entry into defendant's apartment was unlawful, in violation of defendant...

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