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STATE v. HAUSLER

No. 7169.

679 P.2d 829 (1983)

101 N.M. 161

STATE of New Mexico, Plaintiff-Appellant, v. Travis HAUSLER, Defendant-Appellee.

Court of Appeals of New Mexico.

November 22, 1983.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Ida M. Lujan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Gary C. Mitchell, Payne & Mitchell, P.A., Ruidoso, for defendant-appellee.

OPINION

LOPEZ, Judge.

This case comes to us on an interlocutory appeal as of right filed by the State under NMSA 1978, § 39-3-3(B)(2). The State appeals the trial court's granting of a motion to suppress evidence gathered by police at night in connection with the alleged commission by defendant of the crimes of trafficking in a controlled substance and receiving stolen property.

The sole issue on the appeal is whether the fruits of a nighttime...

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