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STATE v. MENDOZA-RUIZ

No. 1 CA-CR 009-0560.

240 P.3d 1235 (2010)

STATE of Arizona, Appellant, v. Gustavo MENDOZA-RUIZ, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

July 29, 2010.

Attorney(s) appearing for the Case

Richard M. Romley , Maricopa County Attorney By Arthur Hazelton , Deputy County Attorney, Criminal Appeals/Capital Litigation Section, Phoenix, Attorneys for Appellant.

James J. Haas , Maricopa County Public Defender By Edith M. Lucero , Deputy Public Defender, Phoenix, Attorney for Appellee.

OPINION

HALL, Judge.

¶ 1 The state appeals from the trial court's order granting Gustavo Mendoza-Ruiz's (defendant) motion to suppress a handgun that a police officer removed from defendant's truck. For the reasons that follow, we vacate the suppression order.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 The evidence presented at the suppression hearing is as follows.1 In the early morning hours of November...

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