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STATE v. GONZALES

No. 86-323.

751 P.2d 1063 (1988)

STATE of Montana, Plaintiff and Respondent, v. James GONZALES, Defendant and Appellant.

Supreme Court of Montana.

Decided March 24, 1988.

Attorney(s) appearing for the Case

J. Mayo Ashley, Helena, for defendant and appellant.

Mike Greely, Atty. Gen., Clay R. Smith, Asst. Atty. Gen., Mike McGrath, Lewis and Clark Co. Atty., Helena, Carolyn Clemens, Deputy Co. Atty., for plaintiff and respondent.

McDONOUGH, Justice.

Appellant James Gonzales appeals his conviction for theft in the District Court of the First Judicial District, Lewis and Clark County. We affirm.

Mr. Gonzales contends that the District Court erred by admitting evidence obtained in violation of his search and seizure rights under the Fourth Amendment to the United States Constitution, and Article II, §§ 10 and 11, of the Montana Constitution. The asserted violation stems from...

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