State v. Valdez

ORME, Judges

(concurring and dissenting).

24 I concur in the small portion of the majority's opinion devoted to the single issue actually before us on appeal. I dissent from the gratuitous treatment of matters not at issue in this appeal. My limited purpose in writing separately is to call attention to the fact that most of the main opinion is dicta, pure and simple, and thus without any prece-dential value.

1 25 It is important to understand that this case is in an unusual posture. It is not the typical Fourth Amendment case in which a defendant appeals, challenging the trial *1060court's conclusion…