State v. Fimbres

OPINION ON RECONSIDERATION

BIRDSALL, Judge.

The appellee, David Fimbres, was charged by information with possession and transportation of 397 pounds of marijuana on November 17,1985. These crimes are, respectively, Class 4 and Class 2 felo nies. The trial court granted appellee’s motion to suppress all the physical evidence and his statements to the police. Following this, the state’s motion to dismiss the charges without prejudice was granted. See State v. Million, 120 Ariz. 10, 583 P.2d 897 (1978). This appeal, which is authorized by A.R.S. § 13-4032(8), followed.

The procedural facts giving…