STATE v. THERRIEN

No. 11609.

794 P.2d 735 (1990)

110 N.M. 261

STATE of New Mexico, Plaintiff-Appellee, v. Steve THERRIEN, Defendant-Appellant.

Court of Appeals of New Mexico.

May 22, 1990.


Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender, Beverly Ohline, Amme H. Hogan, Assistant Appellate Defenders, Santa Fe, for defendant-appellant.

Hal Stratton, Atty. Gen., Patricia Gandert, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HARTZ, Judge.

Defendant appeals his conviction of possession of more than eight ounces of marijuana. NMSA 1978, § 30-31-23(B)(3) (Repl.Pamp. 1989). Although defendant raises a number of issues on appeal, the dispositive issue is the sufficiency of the affidavit for the search warrant used in the investigation of the case. We hold the affidavit insufficient and reverse on that basis. Because double-jeopardy doctrine would prohibit a new trial...

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