STATE v. COBBS

No. 8631.

711 P.2d 900 (1985)

103 N.M. 623

STATE of New Mexico, Plaintiff-Appellant, v. James Eddie COBBS, Defendant-Appellee.

Court of Appeals of New Mexico.

November 12, 1985.


Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Charles D. Noland, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Don Maddox, Maddox, Renfrow & Saunders, Hobbs, for defendant-appellee.


OPINION

BIVINS, Judge.

From an order suppressing evidence, the state appeals. NMSA 1978, § 39-3-3(B). We reverse and remand.

In its docketing statement, the state raised two issues. The first issue was whether the patdown search of the defendant was justified, and, second, whether the search of the defendant's jacket pockets exceeded the permissible scope of a patdown search for weapons. With the filing of its brief-in-chief, the state moved...

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