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STATE v. ROGERS

No. 6067.

673 P.2d 142 (1983)

100 N.M. 517

STATE of New Mexico, Plaintiff-Appellee, v. Frederick Lynn ROGERS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 10, 1983.

Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Robert R. Harris, El Paso, Tex., for defendant-appellant.

OPINION

BIVINS, Judge.

Convicted of possession with intent to distribute ninety pounds of marijuana, defendant appeals from the trial court's refusal to grant a suppression motion. We affirm.

At approximately 6:30 a.m. on September 25, 1981, two police officers flew in a helicopter over defendant's property in Chaparral, New Mexico. One of the officers observed marijuana plants protruding from holes in the roof of defendant's greenhouse located near...

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