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STATE v. WINKLER

Criminal Nos. 970001, 970002.

567 N.W.2d 330 (1997)

1997 ND 144

STATE of North Dakota, Plaintiff and Appellee, v. Robert WINKLER, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 11, 1997.

Attorney(s) appearing for the Case

Laurie A. Fontaine, Pembina County State's Attorney, Cavalier, for plaintiff and appellee.

Alan J. Larivee, Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Robert Winkler appealed from the trial court's memorandum opinion, issued after remand, finding a peace officer's application for a search warrant was not based on information obtained in an illegal search. Winkler contends the illegal search prompted the search warrant application and, as a result, the evidence seized should be suppressed. We affirm.

[¶ 2] Winkler pled guilty, conditionally under Rule 11(a)(2),...

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