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STATE v. MENDOZA-RUIZ

No. 1 CA-CR 009-0560.

240 P.3d 1235 (2010)

STATE of Arizona, Appellant, v. Gustavo MENDOZA-RUIZ, Appellee.

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

July 29, 2010.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney By Arthur Hazelton, Deputy County Attorney, Criminal Appeals/Capital Litigation Section, Phoenix, Attorneys for Appellant.

James J. Haas, Maricopa County Public Defender By Edith M. Lucero, Deputy Public Defender, Phoenix, Attorney for Appellee.

OPINION

HALL, Judge.

¶ 1 The state appeals from the trial court's order granting Gustavo Mendoza-Ruiz's (defendant) motion to suppress a handgun that a police officer removed from defendant's truck. For the reasons that follow, we vacate the suppression order.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 The evidence presented at the suppression hearing is as follows.1 In the early morning hours of November...

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