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STATE v. SANCHEZ

No. 18,537.

972 P.2d 1150 (1998)

126 N.M. 559

1999-NMCA-004

STATE of New Mexico, Plaintiff-Appellant, v. Patty Ann SANCHEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

November 13, 1998.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, for Appellant.

Michael W. Lilley, Michael W. Lilley, P.A., Las Cruces, for Appellee.

OPINION

APODACA, J.

{1} The State appeals from the trial court's suppression of evidence. Defendant was charged with one count of possession of marijuana with intent to distribute, in violation of NMSA 1978, § 30-31-22(A)(1)(a) (1990) and one count of conspiracy to so possess, in violation of the same statute and NMSA 1978, § 30-28-2 (1979). The trial court ruled that, because a federal agency destroyed the bulk of the marijuana, the State...

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