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STATE v. BARNABY

No. 05-013.

142 P.3d 809 (2006)

2006 MT 203

333 Mont. 220

STATE of Montana, Plaintiff and Respondent, v. Peter Oliver Joseph BARNABY, a/k/a Peter Oliver Butterfly, Defendant and Appellant.

Supreme Court of Montana.

Decided August 23, 2006.

Attorney(s) appearing for the Case

For Appellant: William F. Hooks, Attorney at Law, Helena, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; Joslyn M. Hunt, Assistant Attorney General, Helena, Montana, Robert J. Long, Lake County Attorney; Mitch Young, Deputy County Attorney, Polson, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Peter Barnaby (Barnaby) appeals from his conviction in the Twentieth Judicial District, Lake County, for operation of a clandestine laboratory. We affirm in part, reverse in part, and remand for further proceedings.

¶ 2 We review the following issues on appeal:

¶ 3 Whether the District Court properly denied Barnaby's motion to suppress evidence discovered during the search...

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