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STATE v. CAPPS

No. 13486.

641 P.2d 484 (1982)

97 N.M. 453

STATE of New Mexico, Petitioner, v. Richard E. CAPPS, Respondent.

Supreme Court of New Mexico.

Rehearing Denied February 26, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Charles F. Noble, Anthony Tupler, Asst. Attys. Gen., Santa Fe, for petitioner.

Charles Louis Roberts, Joseph Abraham, Jr., El Paso, Tex., for respondent.

OPINION

RIORDAN, Justice.

Defendant Richard E. Capps (Capps) was convicted of possession of marijuana with the intent to distribute. § 30-31-22(A)(1), N.M.S.A. 1978 (Repl.Pamp. 1980). The Court of Appeals reversed the defendant's conviction holding that a police officer had conducted an unlawful car search by tearing open one of nine plastic bags that contained marijuana, located in the car's trunk. We granted certiorari, and we reverse the Court of...

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