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STATE v. GARCIA

No. 28,631.

116 P.3d 72 (2005)

2005-NMSC-017

STATE of New Mexico, Plaintiff-Petitioner/Cross-Respondent, v. Reymundo Carlos GARCIA, Defendant-Respondent/Cross-Petitioner.

Supreme Court of New Mexico.

June 21, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Plaintiff-Petitioner/Cross-Respondent.

John Bigelow, Chief Public Defender, Kathleen T. Baldridge, Santa Fe, NM, for Defendant-Respondent/Cross-Petitioner.

OPINION

BOSSON, Chief Justice.

{1} We examine two issues in the context of police officers lawfully observing a gun from outside a car, and later seizing the gun from under the passenger seat. We first inquire what additional facts must the State prove, beyond the location of the gun, to establish that the passenger, a felon, is in constructive possession of a firearm. Second, we ask what additional facts justify...

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