STATE v. MALLOY

No. 21,068.

34 P.3d 611 (2001)

131 N.M. 222

2001-NMCA-067

STATE of New Mexico, Plaintiff-Appellant, v. Robert MALLOY, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari denied August 28, 2001.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellant.

Ray Twohig, Ray Twohig, P.C., Albuquerque, NM, for Appellee.


Certiorari denied, No. 27,019, August 28, 2001.

OPINION

BUSTAMANTE, Judge.

{1} The State appeals an order suppressing evidence obtained pursuant to a duly executed search warrant. The State contends that the trial court erred in determining that the delivery of a redacted affidavit for search warrant at the time of execution of the search warrant violated Rule 5-211(C) NMRA 2001, thus voiding the search warrant. We hold that the requirement of delivery...

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