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STATE v. SOTO

No. 26,861.

179 P.3d 1239 (2008)

2008-NMCA-032

STATE of New Mexico, Plaintiff-Appellant, v. Charles SOTO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted February 28, 2008.

Attorney(s) appearing for the Case

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

Gary C. Mitchell, P.C., Timothy L. Rose, Ruidoso, NM, for Appellee.

Certiorari Granted, No. 30,894, February 28, 2008.

OPINION

FRY, Judge.

{1} The State appeals the district court's order suppressing methamphetamine discarded by Defendant after he was stopped by police. Two police officers in a patrol vehicle observed Defendant riding his bicycle on a road near a racetrack's secured area around 2:30 a.m., and the officers decided to "see where he was headed." When the patrol vehicle pulled up next to...

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