STATE v. SMITH

Nos. 20040114, 20040115.

691 N.W.2d 203 (2005)

2005 ND 21

STATE of North Dakota, Plaintiff and Appellee v. Jesse Lynn SMITH, Defendant and Appellant.

Supreme Court of North Dakota.

January 19, 2005.


Attorney(s) appearing for the Case

Kathleen K. Trosen, State's Attorney, Fessenden, N.D., for plaintiff and appellee.

Brian W. Nelson (on brief), Nelson, Blumer & Johnson, P.L.L.P., Fargo, N.D., and Thomas J. Glass (argued), Bismarck, N.D., for defendant and appellant.


SANDSTROM, Justice.

[¶ 1] Jesse Smith appeals two judgments of conviction of unlawful possession of drug paraphernalia and possession of a controlled substance. Concluding Smith was unlawfully stopped, we reverse the judgments of conviction of unlawful possession of drug paraphernalia and possession of a controlled substance and remand for further proceedings.

I

[¶ 2] On May 25, 2002, at about 12:30 a.m., Fessenden Police Chief Allen Kluth...

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