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STATE v. RIVERA

No. 25,798.

166 P.3d 488 (2007)

2007-NMCA-104

STATE of New Mexico, Plaintiff-Appellant, v. Erica RIVERA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted August 8, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General Santa Fe, NM, for Appellant.

John Bigelow, Chief Public Defender, Santa Fe, NM, for Appellee.

OPINION

WECHSLER, Judge.

{1} The State of New Mexico appeals the district court's order dismissing the indictment for possession of a controlled substance with intent to distribute or, alternatively, possession of a controlled substance. The district court suppressed evidence that a package addressed to Defendant Erica Rivera had been opened and contained marijuana. We conclude that the State's evidence at the suppression hearing, which was...

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