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STATE v. OCHOA

Nos. 20030132, 20030133.

675 N.W.2d 161 (2004)

2004 ND 43

STATE of North Dakota, Plaintiff and Appellee, v. Anthony OCHOA, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 23, 2004.

Attorney(s) appearing for the Case

Phyllis A. Ratcliffe, Cooperstown, N.D., for defendant and appellant.

H. Jean Delaney, Assistant State's Attorney, Valley City, N.D., for plaintiff and appellee.

NEUMANN, Justice.

[¶ 1] Anthony Ochoa appeals from the criminal judgment for possession of drug paraphernalia, in violation of N.D.C.C. § 19-03.4-03, and possession of a controlled substance with intent to deliver, in violation of N.D.C.C. § 19-03.1-23(1)(a). Ochoa argues the magistrate erred in issuing the search warrant, claiming probable cause was improperly based on an unreliable informant; he was not afforded the opportunity to assist in his own...

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