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STATE v. FERNANDEZ

No. 19,681.

990 P.2d 224 (1999)

128 N.M. 111

1999-NMCA-128

STATE of New Mexico, Plaintiff-Appellant, v. Linda FERNANDEZ, Defendant-Appellee.

Court of Appeals of New Mexico.

August 24, 1999.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, for Appellant.

Gary D. Alsup, Clayton, for Appellee.

OPINION

SUTIN, Judge.

{1} The State appeals the district court's suppression of evidence based on a misleading search warrant affidavit. Defendant contends that the appeal is not timely. The first question this appeal resolves is how to compute the ten-day period for a State appeal from an order granting a motion to suppress. We then look at the standard to be applied when a defendant attacks a search warrant...

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