No. 1 CA-CR 304 Precedential Reversed Processed

State v. Byers

Arizona Court of Appeals · Filed November 9, 1971 · 490 P.2d 579

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Opinion text

CASE, Judge. This is an appeal from a judgment of conviction for possession of marijuana and a narcotic drug. Defendant was tried to a jury, found guilty and sentenced to a prison term. The facts and reasoning necessary for a determination of this matter are the same as found in State v. Byers, 15 Ariz.App. 3 , 490 P.2d 580 (1971). Said facts and reasoning are incorporated herein. Since the search violated appellant’s Fourth and Fourteenth Amendments rights, *3 the evidence seized as a result thereof was inadmissible. Mapp v. Ohio, 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 (1961). The judgment of conviction is reversed. STEVENS, P. J., and DONOFRIO, J., concur.