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STATE v. OCHOA

No. 30,016.

182 P.3d 130 (2008)

2008-NMSC-023

STATE of New Mexico, Plaintiff-Petitioner, v. Julian OCHOA, Defendant-Respondent.

Supreme Court of New Mexico.

April 8, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

John Bigelow, Chief Public Defender, Nina Lalevic, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

MAES, Justice.

{1} Defendant, Julian Ochoa, has appealed a district court decision denying his motion to suppress evidence discovered after Defendant was stopped for a seatbelt violation then arrested on outstanding warrants. Defendant argued to the district court that the stop was pretextual because the officer who reported the seatbelt violation wanted Defendant stopped so the officer could question Defendant in relation to a drug...

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