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STATE v. GIBSON

No. 30255.

108 P.3d 424 (2005)

141 Idaho 277

STATE of IDAHO, Plaintiff-Respondent, v. Eric K. GIBSON, Defendant-Appellant.

Court of Appeals of Idaho.

February 18, 2005.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Justin Michael Curtis, Deputy Appellate Public Defender, Boise, for appellant. Justin Michael Curtis argued.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Lori A. Fleming argued.

WALTERS, Judge Pro Tem.

Eric K. Gibson appeals from his judgment of conviction following a conditional guilty plea to possession of a controlled substance, reserving the right to appeal the district court's order denying his motion to suppress evidence. For the reasons set forth below, we reverse the order denying Gibson's motion to suppress and vacate Gibson's judgment of conviction.

I.

FACTS AND PROCEDURE

In February 2003, at 2:49 in...

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