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STATE v. PAYTON

No. 49A02-9109-CR-408.

588 N.E.2d 1321 (1992)

STATE of Indiana, Appellant-Plaintiff, v. James V. PAYTON, Frank H. Bunting, Anthony Gugliuzza, James R. Willoughby, William D. Brown, James E. Alyea, Robert Willoughby, John W. Kenison, Jr., Appellees-Defendants.

Court of Appeals of Indiana, Second District.

As Reissued April 3, 1992.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellant-plaintiff.

Duge Butler, Indianapolis, for appellees-defendants.

SHIELDS, Judge.

The State of Indiana appeals the trial court's judgment granting the motions to suppress evidence filed by the defendants, James V. Payton, Frank H. Bunting, Anthony Gugliuzza, James R. Willoughby, William D. Brown, James E. Alyea, Robert Willoughby, and John W. Kenison, Jr.

The trial court erred in granting the motions.

FACTS

Pursuant to a search warrant, sheriff's deputies entered an apartment rented by

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