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STATE v. BELMONTES

No. 21115.

615 N.W.2d 634 (2000)

2000 SD 115

STATE of South Dakota, Plaintiff and Appellee, v. Fernando M. BELMONTES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 23, 2000.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Bruce A. Hubbard of Hansen, Hubbard & Swanson, Sturgis, South Dakota, Attorney for defendant and appellant.

AMUNDSON, Justice.

[¶ 1.] Fernando Belmontes (Belmontes) appeals the denial of a motion to suppress evidence seized pursuant to search warrant. We reverse and remand.

FACTS

[¶ 2.] On March 31, 1999, Gary Cudmore (Cudmore), a deputy sheriff in Ziebach County, received a telephone call from an informant. Informant told Cudmore that he was informed by another person that Derwin Martinez had left Modesto, California, in a white passenger car...

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