STATE v. MONTOYA

No. 2 CA-CR 89-0379.

164 Ariz. 459 (1990)

793 P.2d 1126

The STATE of Arizona, Appellee, v. Roberto Rojo MONTOYA, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied June 26, 1990.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica Gifford Funkhouser and Eric A. Bryant, Phoenix, for appellee.

Ralls & Bruner, P.C. by Sean Bruner, Tucson, for appellant.


OPINION

LACAGNINA, Judge.

Roberto Rojo Montoya appeals his conviction for possession of a narcotic drug, the court's suspension of his sentence, and the imposition of four years' probation. He argues that the trial court abused its discretion in denying his motion to suppress the drugs found in his vehicle following his detention during the execution of a search warrant. We agree and reverse.

Department of Public Safety (DPS) Sargeant Randy Young began...

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