State v. Byers

Court of Appeals of Arizona

State v. Byers

490 P.2d 579, 16 Ariz. App. 2, 1971 Ariz. App. LEXIS 849

CourtCourt of Appeals of Arizona

DecidedNovember 9, 1971

DocketNo. 1 CA-CR 304

StatusPublished

Cited by1 cases

This text of 490 P.2d 579 (State v. Byers) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Byers, 490 P.2d 579, 16 Ariz. App. 2, 1971 Ariz. App. LEXIS 849 (Ark. Ct. App. 1971).

Pincite

Opinion

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]*3the 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.

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