STATE v. CLARK

No. 2675.

556 P.2d 851 (1976)

89 N.M. 695

STATE of New Mexico, Plaintiff-Appellee, v. John David CLARK, Defendant-Appellant.

Court of Appeals of New Mexico.

November 9, 1976.


Attorney(s) appearing for the Case

Jan A. Hartke, Acting Chief Public Defender, Reginald J. Storment, Appellate Defender, William H. Lazar, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Convicted of possession of marijuana over eight ounces, contrary to § 54-11-23(B)(3), N.M.S.A. 1953 (2d Repl.Vol. 6, 1972, Supp. 1975) defendant appeals. He contends the trial court erred in denying his motion to suppress the evidence seized. We agree.

This case was assigned to the legal calendar pursuant to N.M.Crim.App. Rule 207(c). Accordingly, the facts as stated in the docketing...

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