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STATE v. CASTLEBERRY

No. 22713.

686 N.W.2d 384 (2004)

2004 SD 95

STATE of South Dakota, Plaintiff and Appellee, v. Jason CASTLEBERRY, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned April 23, 2004.

Decided August 18, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Betsey Harris, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice (on reassignment).

[¶ 1.] Defendant Jason Castleberry was convicted of felony possession of marijuana. He contends that the evidence against him was illegally seized in the search of his vehicle. Because he gave a valid consent to search, we affirm the trial court's denial of his motion to suppress.

Background

[¶ 2.] At 2:16 A.M., on July 2, 2002, Rapid City Police Officer Christopher Hansen stopped defendant for speeding...

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