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STATE v. VENTO

No. 20841.

604 N.W.2d 468 (1999)

1999 SD 158

STATE of South Dakota, Plaintiff and Appellant, v. Joe M. VENTO, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 22, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Paul Cremer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Michael Stonefield, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorney for defendant and appellee.

SABERS, Justice.

[¶ 1.] The trial court granted Vento's motion to suppress evidence. The State filed a petition for intermediate appeal, which we granted. We reverse and remand for trial.

FACTS

[¶ 2.] On August 13, 1998, Officer Harrison stopped Vento for failing to display a front license plate, a violation of SDCL 32-5-98.1 After stopping Vento, he saw that a license plate was lying flat in the front windshield...

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