State v. Whitley

OPINION

WECHSLER, J.

{1} Defendant Paul Whitley appeals the denial of his motion to suppress evidence obtained pursuant to a search warrant. He challenges the sufficiency of the affidavit used to obtain the warrant, contending that the issuing judge lacked probable cause to issue the warrant. We reverse the district court’s denial of the motion to suppress.

{2} The State charged Defendant with possession of marijuana with intent to distribute contrary to NMSA 1978, § 30-31-22 (1990). Defendant entered a plea of no contest, reserving his right to appeal the district court’s denial of the motion…