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STATE v. ROY

No. DA 12-0242.

296 P.3d 1169 (2013)

2013 MT 51

STATE of Montana, Plaintiff and Appellee, v. Russell ROY, Defendant and Appellant.

Supreme Court of Montana.

Decided February 27, 2013.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender, Lisa S. Korchinski , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Jonathan M. Krauss , Assistant Attorney General, Helena, Montana.

Justice LAURIE McKINNON delivered the Opinion of the Court.

¶ 1 A peace officer stopped a vehicle that Russell Roy was driving. During the stop, the officer had Roy exit the vehicle so that the officer could detect whether the odor of marijuana was present. A large quantity of marijuana was ultimately discovered in the vehicle, and the State of Montana charged Roy in the Thirteenth Judicial District Court, Yellowstone County, with one count of felony criminal...

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