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STATE v. GILDER

No. 00-567.

28 P.3d 488 (2001)

2001 MT 121

STATE of Montana, Plaintiff and Respondent, v. Jay Samuel GILDER, Defendant and Appellant.

Supreme Court of Montana.

Decided July 23, 2001.

Attorney(s) appearing for the Case

For Appellant: Margaret Borg, Chief Public Defender; Leslie Ocks, Assistant Public Defender, Missoula, MT.

For Respondent: Honorable Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Fred Van Valkenburg, County Attorney; Scott Stearns, Deputy County Attorney, Missoula, MT.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Jay Samuel Gilder (Gilder) appeals from an order by the Fourth Judicial District Court, Missoula County, denying his motion to suppress evidence, which was entered pursuant to proceedings that followed our Opinion and Order in State v. Gilder, 1999 MT 207, 295 Mont. 483, 985 P.2d 147 (Gilder I). We reverse.

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