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STATE v. BURKE

No. 88-48.

766 P.2d 254 (1988)

STATE of Montana, Plaintiff and Appellant, v. Marcella BURKE, Corwin Roth, Defendants and Respondents.

Supreme Court of Montana.

Decided December 15, 1988.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Clay R. Smith (argued), Asst. Atty. Gen., Helena, Larry J. Nistler, County Atty., Polson, for State.

James E. Handley (argued), Polson, for Roth.

Rebecca T. Dupuis, Polson, for Burke.

HARRISON, Justice.

This case comes on appeal from the District Court of the Twentieth Judicial District, Lake County, Montana, the Honorable C.B. McNeil, presiding. The District Court dismissed revocation proceedings which resulted from a suppression of evidence. At the time of this appeal, defendant Roth had completed his probation period.

Marcella Burke and Corwin Roth pleaded guilty to criminal sale of dangerous drugs on February 4, 1987. Judgments dated...

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