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APRIL 25, 2000

SUPREME COURT OF LOUISIANA

No. 99-KK-2598 STATE OF LOUISIANA v. JOSEPH P. STERLING

On Writ of Certiorari to the 4th Circuit Court of Appeal

PER CURIAM:* We granted the state's application in this case to consider the validity of a search conducted of 3022 Wall Boulevard in New Orleans under a warrant issued for 3024 Wall Boulevard, described in the warrant as a "red brick two story structure with a white front door and trim [with] the municipal [number] 3024 ... visible from the street and ... located on the front door." was only after the police entered the building that they discovered the premises had two municipal numbers, one for an upstairs apartment (3024 Wall), accessible through the front door and a rear upstairs door, and another number for the lower apartment (3022 Wall), accessible through a lower rear door and occupied by respondent, the target of their investigation. Given It

the discrepancy in the municipal numbers for the premises, the trial court granted respondent's motion to suppress the cocaine seized from his apartment on grounds that the warrant had failed to described with particularity the place to be search. See

State v. Manzella, 392 So.2d 403 (La. 1980) (warrant for 6176 Ponchartrain Boulevard did not authorize search of 6178 Ponchartrain, the other side of a double home). appeal denied the state's application for review. The court of State v.

Sterling, 99-1217 (La. App. 4th Cir. 8/2/99), ___ So.2d ____

Lemmon, J., not on panel. II,

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