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STATE v. IRVIN

No. WD 66801.

210 S.W.3d 360 (2006)

STATE of Missouri, Appellant, v. Roger IRVIN, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 19, 2006.

Application for Transfer Denied January 30, 2007.

Attorney(s) appearing for the Case

Eric J. Poggemiller, Platte City, MO, for appellant.

David E. Rowan, Liberty, MO, for respondent.

Before THOMAS H. NEWTON, P.J., PATRICIA A. BRECKENRIDGE, and JOSEPH M. ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 19, 2006.

THOMAS H. NEWTON, Presiding Judge.

Mr. Roger Irvin was charged with felony possession of marijuana. Mr. Irvin moved to suppress the use of the marijuana as evidence, which the trial court granted in part. The State appeals the order suppressing the evidence.

Factual and Procedural Background

Mr. Irvin was stopped for speeding by a Platte County deputy sheriff...

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