STATE v. MARQUEZ

No. 8134.

705 P.2d 170 (1985)

STATE of New Mexico, Plaintiff-Appellant, v. Roy Adilio MARQUEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

August 1, 1985.


Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Barbara F. Green, Ass't Atty. Gen., Santa Fe, for plaintiff-appellant.

Janet Clow, Chief Public Defender, Deborah A. Moll, Ass't Appellate Defender, Santa Fe, for defendant-appellee.


OPINION

BIVINS, Judge.

The state appeals, pursuant to NMSA 1978, Section 39-3-3(B)(2), from an order of the district court suppressing evidence. The correctness of the suppression order turns on whether defendant's warrantless arrest was proper. The sole issue on appeal is whether Officer C lawfully arrested defendant at the request of Officer B who acted at the request of Officer A who witnessed defendant commit a misdemeanor in his presence. This presents...

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