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STATE v. LATHUM

No. 84-1124.

380 N.W.2d 743 (1985)

STATE of Iowa, Plaintiff-Appellee, v. Darrell Lee LATHUM, Defendant-Appellant.

Court of Appeals of Iowa.

November 26, 1985.

Attorney(s) appearing for the Case

Charles Harrington, Chief Appellate Defender, and Michael J. Laughlin, Asst. Appellate Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen. of Iowa, Valencia Voyd McCown, Asst. Atty. Gen., and Denver D. Dillard, Linn County Atty., for plaintiff-appellee.

Heard by SNELL, P.J., and SCHLEGEL, and HAYDEN, JJ., but considered en banc.

HAYDEN, Judge.

Defendant appeals from his conviction for burglary in the second degree in violation of Iowa Code section 713.3. He asserts that certain evidence was obtained in violation of his fourth amendment rights. We reverse and remand.

Darrell Lee Lathum was charged by trial information with second-degree burglary; the case was tried to the court.

Evidence presented established that the Five Seasons Tire Center in Cedar Rapids was burglarized...

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