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STATE v. GARCIA

No. 27,091.

182 P.3d 146 (2008)

2008-NMCA-044

STATE of New Mexico, Plaintiff-Appellee, v. Joshua GARCIA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted March 25, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, James W. Grayson, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Joseph P. Walsh, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 30,937, March 25, 2008.

OPINION

BUSTAMANTE, Judge.

{1} Defendant Joshua Garcia appeals the district court's denial of his motion to suppress. On appeal, Defendant argues that under the Fourth Amendment the police officer lacked the reasonable suspicion necessary for an investigatory stop and discovered cocaine as a result of an unconstitutional seizure of his person. Defendant also argues

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