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STATE v. DIFFENDERFER

No. 2 CA-CR 1365.

120 Ariz. 404 (1978)

586 P.2d 653

The STATE of Arizona, Appellant, v. Samuel Dyer DIFFENDERFER and Tony Valdes, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 17, 1978.

Review Denied October 31, 1978.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Richard Louis Strohm, Deputy County Atty., Tucson, for appellant.

John M. Neis, Pima County Public Defender by Donald H. Bayles, Jr., Asst. Public Defender, Tucson, for appellees.

OPINION

RICHMOND, Chief Judge.

This is an appeal by the state from an order granting a motion to suppress. The facts show that on September 18, 1977, appellees Samuel Diffenderfer and Tony Valdes were two days late in the payment of rent on the Tucson home they had leased from Mrs. Dorothy Lee of Phoenix. Mrs. Lee had come to collect the back rent. She knocked on the door and received no answer. Mrs. Lee and a friend, Ms. Betty Embry, then walked around the...

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