Nos. 1 CA-CR 4692, 1 CA-CR 4747.

130 Ariz. 176 (1981)

634 P.2d 988

STATE of Arizona, Appellee, v. Elizabeth CURIEL and Rigoberto Curiel, Appellants.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 25, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by William J. Schafer III, Chief Counsel, Criminal Division, Robert S. Golden, Asst. Atty. Gen., Phoenix, for appellee.

Waldo W. Israel, Yuma, for appellant Elizabeth Curiel.

Roberson & Shelley by Jerrold F. Shelley, Yuma, for appellant Rigoberto Curiel.



The major issues presented by this consolidated appeal are whether a plastic cannister falls within the prohibition against warrantless searches afforded luggage and whether a severance of a co-defendant's trial should occur where there exist charges against one defendant that do not exist against another defendant.

Defendants Elizabeth Curiel and Rigoberto Curiel were both charged with possession of heroin for sale with a...

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