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STATE v. GUTIERREZ

No. 24,188.

105 P.3d 332 (2004)

136 N.M. 779

2005-NMCA-015

STATE of New Mexico, Plaintiff-Appellee, v. Tommy GUTIERREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 24, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Joel Jacobsen, Assistant Attorney General, Albuquerque, NM, for Appellee.

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

Certiorari Denied, No. 29,005, January 24, 2005.

OPINION

KENNEDY, Judge.

{1} On motion for rehearing, the opinion filed October 28, 2004, is withdrawn, and the following opinion is substituted in its place. The motion for rehearing is otherwise denied.

{2} At what point in criminal proceedings does a defendant waive objection to the constitutionality of a search that produced evidence that...

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