STATE v. DURAN

No. A95A2385.

469 S.E.2d 429 (1996)

220 Ga. App. 296

The STATE v. DURAN et al.

Court of Appeals of Georgia.

February 21, 1996.


Attorney(s) appearing for the Case

Glenn Thomas, Jr., District Attorney, George C. Turner, Jr., Woodbine, for appellant.

Christopher A. Frazier, Saint Simons Island, Clyde M. Urquhart, Woodbine, for appellees.


BEASLEY, Chief Judge.

An indictment was returned against Duran and his common law wife Guerra charging them with trafficking in cocaine. OCGA § 16-13-31(a). They filed separate motions to suppress, and a joint amended motion, challenging the legality of the search that resulted in the seizure of the cocaine. After conducting hearings, the court denied the amended motion. The defendants moved for reconsideration based upon Smith v. State,

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