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STATE v. HAMILTON

No. 30,255.

290 P.3d 271 (2012)

2012-NMCA-115

STATE of New Mexico, Plaintiff-Appellant, v. John O. HAMILTON, III, Defendant-Appellee.

Court of Appeals of New Mexico.

October 3, 2012.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, M. Victoria Wilson , Assistant Attorney General, Albuquerque, NM, for Appellant.

Jacqueline L. Cooper , Chief Public Defender, B. Douglas Wood III , Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

VIGIL, Judge.

{¶ 1} The question in this case is whether a warrant authorizing the search of a residence also authorizes the search of an independently occupied guesthouse located in the backyard of that residence. Agreeing with the district court that the warrant did not state with sufficient particularity that the separate residence of Defendant was a place to be searched, we affirm.

I. BACKGROUND

{¶...

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