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STATE v. EIXENBERGER

No. 02-520.

90 P.3d 453 (2004)

2004 MT 127

321 Mont. 298

STATE of Montana, Plaintiff and Respondent, v. Matthew Dean EIXENBERGER, Defendant and Appellant.

Supreme Court of Montana.

Decided May 18, 2004.

Attorney(s) appearing for the Case

For Appellant: Mark R. Sullivan, Kalispell, Montana Great Falls, Montana.

For Respondent: Mike McGrath, Attorney General; Jennifer Anders, Assistant Attorney General; Ryan M. Archer, Legal Intern, Helena, Montana, Edward J. Corrigan, County Attorney, Kalispell, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Matthew Dean Eixenberger (Eixenberger) was charged with two felony counts of burglary in violation of § 45-6-204, MCA, in the Eleventh Judicial District, Flathead County. Eixenberger moved to suppress evidence gained from an investigative stop, but the District Court denied the motion. Eixenberger then entered an Alford plea to Count I of the information and reserved his right to appeal the District...

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