STATE v. WHITLEY

No. 19,863.

993 P.2d 117 (1999)

128 N.M. 403

1999-NMCA-155

STATE of New Mexico, Plaintiff-Appellee, v. Paul WHITLEY, Defendant-Appellant.

Court of Appeals of New Mexico.

November 16, 1999.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, for Appellee.

Phyllis H. Subin, Chief Public Defender, Trace L. Rabern, Assistant Appellate Defender, Santa Fe, for Appellant.


OPINION

WECHSLER, J.

{1} Defendant Paul Whitley appeals the denial of his motion to suppress evidence obtained pursuant to a search warrant. He challenges the sufficiency of the affidavit used to obtain the warrant, contending that the issuing judge lacked probable cause to issue the warrant. We reverse the district court's denial of the motion to suppress.

{2} The State charged Defendant with possession of marijuana with intent to distribute...

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