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STATE v. MIGUEL

Nos. 1 CA-CR 03-0867, 1 CA-CR 04-0174.

101 P.3d 214 (2004)

209 Ariz. 338

STATE of Arizona, Appellant, v. Francisco Sebastian MIGUEL, Appellee. State of Arizona, Appellant, v. Ignacio Gonzales Tirado, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

November 23, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel and Richard M. Romley, Maricopa County Attorney By Gerald R. Grant, Deputy County Attorney, Phoenix, Attorneys for Appellant.

James J. Haas, Maricopa County Public Defender By Charles R. Krull, Deputy Public Defender, Phoenix, Attorneys for Appellee.

OPINION

SULT, Judge.

¶ 1 Arizona Revised Statutes ("A.R.S.") § 13-3918(A) (2001) provides that a search warrant shall be void unless it is executed within five days after it is signed by the magistrate, although the magistrate may grant a five-day extension. The warrant in this case was executed more than five days after it was issued with no extension having been obtained, and the trial court declared it void. The State attempts to save the warrant...

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