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STATE v. VAN DE VALDE

No. 5336.

642 P.2d 1139 (1982)

97 N.M. 680

STATE of New Mexico, Plaintiff-Appellee, v. John VAN DE VALDE, Defendant-Appellant.

Court of Appeals of New Mexico.

March 4, 1982.

Attorney(s) appearing for the Case

Lawrence W. Allred, Toulouse, Toulouse & Garcia, P.A., Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of possession of a controlled substance — cocaine — contrary to § 30-31-23(B)(5), N.M.S.A. 1978 (1980 Repl.Pamph.); § 30-31-2, N.M.S.A. 1978 (1981 Supp.); and §§ 30-31-6 and -7, N.M.S.A. 1978 (1980 Repl.Pamph.), defendant appeals. Defendant contends the trial court erred in setting aside the plea and disposition agreement and that the affidavit for the search warrant does not establish probable...

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