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STATE v. JOHNSON

No. 14743.

701 P.2d 239 (1985)

108 Idaho 619

STATE of Idaho, Plaintiff-Respondent, v. John L. JOHNSON, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied May 21, 1985.

Petition for Review Granted July 31, 1985.

Attorney(s) appearing for the Case

Kent E. Whittington, Idaho Falls, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Rene Fitzpatrick, Deputy Atty. Gen., Boise, for plaintiff-respondent.

Before HUNTLEY, Acting C.J., and McFADDEN and TOWLES, Acting JJ., Special Panel.

HUNTLEY, Acting Chief Judge.

John L. Johnson is charged with violating I.C. § 37-2732, which proscribes the manufacture of a controlled substance. Johnson was held to answer and, before trial, moved to suppress all evidence obtained from a search of his apartment. The trial court denied that motion, and the matter was certified for appeal. We conclude that the trial court erred in denying the motion to suppress, and remand the cause to the trial court for further...

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