People v. Young

Opinion by

Judge CRISWELL.

Defendant, Richard Arthur Young, appeals from the judgment of conviction entered on a jury verdict finding him guilty of second degree murder. We affirm the judgment of conviction but vacate the sentence and remand for resentencing.

I

Defendant first argues that the trial court erred by denying his motion to suppress evidence obtained as the result of an allegedly unlawful arrest and search. We disagree.

To be constitutionally proper, the issuance of a search warrant must be based upon probable cause supported by oath or affirmation particularly describing the place to…