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STATE v. FRANKLIN

Cr. No. 940199.

524 N.W.2d 603 (1994)

STATE of North Dakota, Plaintiff and Appellee, v. Todd Allen FRANKLIN, Defendant and Appellant.

Supreme Court of North Dakota.

December 2, 1994.

Attorney(s) appearing for the Case

Robin L. Huseby, State's Atty., Valley City, for plaintiff and appellee. Submitted on brief.

Stephen M. McLean, Oakes, for defendant and appellant. Submitted on brief.

MESCHKE, Justice.

Todd Allen Franklin appeals from a felony conviction of a felon possessing a firearm, challenging the trial court's refusal to suppress evidence. We affirm the order of suppression and the judgment of conviction.

One night in January 1994, near 1:35 A.M., Sheriff's Deputies Terry Gray and Mark Peterson were patrolling just west of Valley City in a marked police car. When they pulled into the parking...

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