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STATE v. PETERSON

No. 15375.

407 N.W.2d 221 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Delbert R. PETERSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 3, 1987.

Rehearing Denied July 13, 1987.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., on brief.

Catherine G. Ortner of Ortner and Ortner, Hot Springs, for defendant and appellant.

MORGAN, Justice.

This is an appeal from a judgment of conviction for possession of marijuana and possession of drug paraphernalia. We affirm.

On September 1, 1985, a state trooper observed appellant Delbert R. Peterson's automobile fishtailing and throwing up dust. The trooper stopped the car and spoke to Peterson while Peterson remained in his car. During the conversation, the trooper noticed a strong odor of alcohol coming from inside the vehicle. The trooper...

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