STATE v. AYALA

No. 2 CA-CR 93-0041.

178 Ariz. 318 (1993)

873 P.2d 656

The STATE of Arizona, Appellant, v. Gilberto Botello AYALA, Appellee.

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

As Corrected September 8, 1993.

Reconsideration Denied November 5, 1993.

Review Denied May 17, 1994.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie and Crane McClennen, Phoenix, for appellant.

Joseph P. DiRoberto, Sierra Vista, for appellee.


OPINION

DRUKE, Chief Judge.

The state has appealed from the order of the trial court suppressing appellee's statements and evidence seized from his house. Appellee was charged with burglary, theft and trafficking in stolen property. Following the suppression order, the charges were dismissed without prejudice and this appeal followed.

The essential facts preceding the search and seizure are undisputed. The police received an anonymous...

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