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STATE v. MAUERBERGER

No. A04A2346.

608 S.E.2d 234 (2004)

270 Ga. App. 794

The STATE v. MAUERBERGER.

Court of Appeals of Georgia.

Reconsideration Denied December 8, 2004.

Attorney(s) appearing for the Case

Richard Shelton, Solicitor-General, Sandra Sanders, Assistant Solicitor-General, for Appellant.

Patrick Cork, Cork & Cork, Valdosta, for Appellee.

ELLINGTON, Judge.

Pursuant to OCGA § 5-7-1(a)(4), the State appeals from an order of the Lowndes County State Court granting Stuart H. Mauerberger's motion to suppress marijuana evidence found in his car pursuant to a consent search carried out during a traffic stop. Because the state court's decision was based upon a misapplication of the law, we must reverse.

"When we review a trial court's decision on a motion to suppress, the evidence is construed...

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