STATE v. ROSENBERG

No. 1 CA-CR 860.

24 Ariz. App. 341 (1975)

538 P.2d 770

STATE of Arizona, Appellee, v. Gerald Carl ROSENBERG and Kathy Mandel Musselman, Appellants.

Court of Appeals of Arizona, Division 1, Department B.

August 12, 1975.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Cleon M. Duke, Asst. Atty. Gen., Phoenix, for appellee.

Steven M. Friedman, Phoenix, for appellants.

Wilson & Gaylord by Robert E. Gaylord, Flagstaff, for appellants.


OPINION

JACOBSON, Presiding Judge.

The defendants Rosenberg and Musselman were convicted of possession of marijuana, a misdemeanor, placed on six weeks' probation and fined $330. They have brought this appeal to test the propriety of the trial court's denial of their motion to suppress.

On May 2, 1974 a Coconino County Deputy Sheriff, while on routine patrol at approximately 3:00 a.m., entered a roadside...

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