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STATE v. SANTIAGO

No. 31,247.

231 P.3d 600 (2010)

2010-NMSC-018

STATE of New Mexico, Plaintiff-Appellant, v. Ronald SANTIAGO, Defendant-Appellee.

Supreme Court of New Mexico.

April 1, 2010.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Nicole Beder, Assistant Attorney General, Santa Fe, NM, for Appellant.

Joseph Newton Riggs, III, Natalie A. Bruce, Albuquerque, NM, for Appellee.

OPINION

BOSSON, Justice.

{1} The subject of a first-degree murder prosecution, Defendant successfully moved to suppress incriminating evidence that the police obtained from his house on the basis that the warrant did not authorize a nighttime search. Rather than proceed to trial without the evidence, the State appealed the suppression directly to this Court.

{2} We address for the...

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