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STATE v. MONTELEONE

Nos. 24,811, 24,795.

123 P.3d 777 (2005)

138 N.M. 544

2005-NMCA-129

STATE of New Mexico, Plaintiff-Appellee, v. Shawn MONTELEONE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted November 14, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Elizabeth Blaisdell, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Cynthia S. Sully, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 29,478, November 14, 2005.

OPINION

VIGIL, Judge.

{1} Defendant consented to a search of his apartment by armed police officers after they entered his apartment without a search warrant in the early morning hours while he was sleeping. During their search, the police discovered evidence of a methamphetamine lab. We hold that there was insufficient attenuation between the officers' illegal entry into Defendant's apartment...

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