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STATE v. GRAHAM

No. DA 06-0670.

175 P.3d 885 (2007)

2007 MT 358

340 Mont. 366

STATE of Montana, Plaintiff and Appellee, v. Randy Earl GRAHAM, Defendant and Appellant.

Supreme Court of Montana.

Decided December 31, 2007.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender, David C. Avery, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney. General, Jonathan M. Krauss, Assistant Attorney General, Helena, Montana. Dennis Paxinos, Yellowstone County Attorney, Georgette Hogan, Deputy County Attorney, Billings, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Appellant Randy Earl Graham (Graham) appeals the denial of his motion to suppress by the District Court of the Thirteenth Judicial District, Yellowstone County. We reverse the District Court's denial of Graham's motion.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 On Sunday October 2, 2005, Yellowstone County Sheriffs Deputy Valerie Juhl (Juhl) was on a routine patrol in the Lockwood...

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