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GARZA v. STATE

Nos. C8-00-526, CX-00-527.

619 N.W.2d 573 (2000)

Xavier GARZA, Jr., Petitioner, Appellant, Xavier Garza, Sr., Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

December 5, 2000.

Attorney(s) appearing for the Case

Mark D. Nyvold, St. Paul, for appellant Xavier Garza, Jr.

John M. Stuart, State Public Defender, Jodie L. Carlson, Assistant Public Defender, Minneapolis, for appellant Xavier Garza, Sr.

Mike Hatch, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, and Lisa Borgen, Clay County Attorney, Moorhead, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge, LANSING and MULALLY, Judges.

OPINION

EDWARD D. MULALLY, Judge*

Appellants Xavier Garza, Jr., and Xavier Garza, Sr., challenge their convictions for fourth-degree controlled substance crime, arguing that the no-knock authorization for execution of a search warrant for their house was not supported by any particular facts. We reverse.

FACTS

In February 1998, police setup surveillance of the Garza residence for suspected marijuana trafficking...

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