STATE v. KALUZA

No. 94-320.

901 P.2d 107 (1995)

STATE of Montana, Plaintiff and Respondent, v. Vincent M. KALUZA, Defendant and Appellant.

Supreme Court of Montana.

Decided August 17, 1995.


Attorney(s) appearing for the Case

Charles E. Petaja, Helena, Montana; Jeannette E. Berry, Bozeman, for appellant.

Joseph P. Mazurek, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, Mike Salvagni, Gallatin County Atty., Marty Lambert, Deputy Gallatin County Atty., Bozeman, for respondent.


GRAY, Justice.

Vincent M. Kaluza (Kaluza) appeals from the judgment and sentence entered on his conviction for criminal possession of marijuana with intent to sell by the Eighteenth Judicial District Court, Gallatin County. We reverse.

The dispositive issue on appeal is whether the District Court erred in denying Kaluza's motion to suppress evidence based on a lack of probable cause for the issuance of the search warrant.

On the basis of information...

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