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STATE v. PONCE

No. 23,193.

103 P.3d 54 (2004)

136 N.M. 614

2004-NMCA-137

STATE of New Mexico, Plaintiff-Appellee, v. Michael PONCE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted December 6, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, for Appellee.

John B. Bigelow, Chief Public Defender, Laurel A. Knowles, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 28,917, December 6, 2004.

OPINION

SUTIN, Judge.

{1} While meeting his appointment with his probation officer, Defendant Michael Ponce was arrested for a probation violation. He had tested positive for alcohol three days earlier. The probation officer conducted a patdown search that produced vehicle keys which then ultimately led to a search of Defendant's vehicle where cocaine was found. Defendant appeals the denial of his...

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