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STATE v. KATRINA G.

No. 25,991.

185 P.3d 376 (2008)

2008-NMCA-069

STATE of New Mexico, Plaintiff-Appellee, v. KATRINA G., a child, Defendant-Appellant.

Court of Appeals of New Mexico.

April 4, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellee.

Silva and Grano Law Firm, David Silva, Las Vegas, NM, for Appellant.

OPINION

SUTIN, Chief Judge.

{1} Two days before trial, Child filed a motion to suppress evidence obtained pursuant to a search warrant that did not contain a written authorization for a nighttime search of Child's home. Child sought no evidentiary hearing but instead sought a ruling based solely on the absence of the magistrate judge's signed authorization for a nighttime search on the warrant.

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