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BURKETT v. STATE

No. 34A02-0209-CR-718.

785 N.E.2d 276 (2003)

Matt T. BURKETT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 18, 2003.

Attorney(s) appearing for the Case

Kelly Leeman, Leeman & Burns, Logansport, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, ELlen H. Meilaender Deputy Attorney General Indianapolis, IN, Attorneys for Appellee.

OPINION

FRIEDLANDER, Judge.

Matt T. Burkett appeals his conviction for Possession of a Controlled Substance,1 a class D felony. He presents the following dispositive issue for review: Did the trial court err in denying Burkett's motion to suppress?

We reverse.

The facts most favorable to the conviction reveal that on January 21, 2001, Indiana State Police Trooper Robert Burgess stopped Matt Burkett for driving...

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