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STATE v. HOLLEY

No. 02A03-0808-CR-406.

899 N.E.2d 31 (2008)

STATE of Indiana, Appellant-Plaintiff, v. William A. HOLLEY, Appellee-Defendant.

Court of Appeals of Indiana.

December 23, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Quinton L. Ellis, Fort Wayne, IN, Attorney for Appellee.

OPINION

KIRSCH, Judge.

William A. Holley was charged with possession of marijuana1 as a Class A misdemeanor. Holley filed a motion to suppress the evidence obtained during a search of his vehicle. The trial court granted the motion, which effectively precluded further prosecution. Pursuant to Indiana Code section 35-38-4-2(5), the State appeals raising the following issue; whether the trial court erred as a matter of law in granting...

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