The appellate court held that the marijuana was lawfully seized under the valid search warrant of 251-B. State v. Espinoza, 212 Ga. App. 814, 818 ( 442 S.E.2d 911) (1994). 1. Whether evidence is found within the curtilage of a residence is a mixed question of fact and law.

BEASLEY, Chief Judge. In State v. Espinoza, 212 Ga. App. 814 ( 442 S.E.2d 911) (1994), a majority of this court reversed the trial court's grant of Lorenzo Espinoza's motion to suppress. That judgment was reversed by the Supreme Court "on the ground that police officers discovered the evidence within the curtilage of the defendant's apartment for which they did not have a search warrant."