STATE v. TAMEZ

No. 17947.

782 P.2d 353 (1989)

116 Idaho 945

STATE of Idaho, Plaintiff-Respondent, v. Mario Herrda TAMEZ, Defendant-Appellant.

Court of Appeals of Idaho.

November 1, 1989.


Attorney(s) appearing for the Case

Gara Louise Newman, Rupert, for defendant-appellant.

Jim Jones, Atty. Gen., by Jack B. Haycock, Deputy Atty. Gen., Boise, for plaintiff-respondent.


BURNETT, Judge.

Mario Herrda Tamez stands convicted of grand theft by possession of stolen property. The sole issue on appeal is whether a warrantless seizure of evidence by the police was justified under the plain view doctrine. We hold that it was, and we affirm the judgment of conviction.

The facts are as follows. Two law enforcement officers, Patrolman Lewis Jones of the Rupert Police Department and Deputy Steven Benkula of the Minidoka County Sheriff...

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