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STATE v. MARTINEZ

Nos. 00-781, 00-802.

67 P.3d 207 (2003)

2003 MT 65

STATE of Montana, Plaintiff and Respondent, v. Jesus MARTINEZ and Daniel Olson, Defendants and Appellants.

Supreme Court of Montana.

Submitted December 12, 2002.

Decided April 1, 2003.

Attorney(s) appearing for the Case

Kristina Guest, Appellate Defender Office, Helena, Montana, for Appellants.

Mike McGrath, Montana Attorney General, Stephen C. Bullock, Assistant Montana Attorney General, Helena, Montana; Dennis Paxinos, Yellowstone County Attorney, Billings, Montana, for Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Jesus Martinez and Daniel Olson pled guilty to felony drug offenses, while preserving the right to appeal the denial of separate motions to suppress evidence gathered as a result of an investigative stop of their vehicle. We reverse the order of the Thirteenth Judicial District Court, Yellowstone County, denying the Appellants' motions to suppress.

FACTUAL AND PROCEDURAL BACKGROUND

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