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STATE v. ALMANZAR

No. 30,600.

288 P.3d 238 (2012)

2012-NMCA-111

STATE of New Mexico, Plaintiff-Appellee, v. Daniel ALMANZAR, Defendant-Appellant.

Court of Appeals of New Mexico.

July 26, 2012.

Attorney(s) appearing for the Case

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

Jacqueline L. Cooper , Chief Public Defender, Nina Lalevic , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

GARCIA, Judge.

{1} Defendant appeals the district court's denial of his motion to suppress evidence removed from his pocket during a pat-down search. The district court found that the evidence was discovered in a legal pat-down search and that in any event, it would have been inevitably discovered in a search incident to arrest for the misdemeanor domestic battery charge. We conclude that the removal of evidence from Defendant's pocket...

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