STATE v. LOVE

No. 2 CA-CR 1307.

123 Ariz. 186 (1978)

598 P.2d 1005

The STATE of Arizona, Appellant, v. Bernita LOVE and James Ford, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 25, 1979.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., by Richard Louis Strohm, Deputy County Atty., Tucson, for appellant.

Richard D. Burris, Tucson, for appellee Bernita Love.

John M. Neis, Pima County Public Defender, by David C. Anson, Asst. Public Defender, Tucson, for appellee James Ford.


OPINION

HOWARD, Judge.

An order suppressing all the evidence seized from a Tucson residence and two vehicles parked on the premises is the subject of this appeal by the state. The trial court apparently concluded that the state had failed to meet its burden of proving by a preponderance of the evidence that the seizure of the narcotics involved had been lawful. Rule 16.2(b), Arizona Rules of Criminal Procedure, as amended.

On May 9, 1977, at approximately...

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