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YANEZ v. STATE

No. 49A02-1104-CR-362.

963 N.E.2d 530 (2012)

Herbert YANEZ, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 21, 2012.

Attorney(s) appearing for the Case

Joel M. Schumm , Clinical Professor of Law, Jarryd F. Anglin , Certified Legal Intern, Indiana University Robert H. McKinney , School of Law, Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Jodi Kathryn Stein , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Defendant-Appellant Herbert Yanez appeals his conviction of possession of marijuana, a Class A misdemeanor. Ind.Code § 35-48-4-11 (1983).

We reverse and remand.

ISSUE

Yanez presents two issues for our review, one of which is dispositive: whether the trial court erred by admitting evidence of marijuana because it was discovered as the result of an unconstitutional...

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