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STATE v. SIMMONS

Nos. 18474, 18796.

818 P.2d 787 (1991)

120 Idaho 672

STATE of Idaho, Plaintiff-Respondent, v. Andre SIMMONS, Defendant-Appellant.

Court of Appeals of Idaho.

October 4, 1991.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender, Timothy L. Hansen, Deputy Public Defender, argued, Boise, for defendant-appellant.

Larry J. EchoHawk, Atty. Gen., Richard S. Christensen, Deputy Atty. Gen., argued, Boise, for plaintiff-respondent.

HART, Judge Pro Tem.

Andre Simmons was convicted by a jury of second degree burglary. He was sentenced to five years incarceration, with the first three years fixed. He asserts that the evidence police seized when they arrested him should have been suppressed because they did not have a reasonable and articulable suspicion to stop and frisk him and that the frisk was improperly conducted. He also argues that the court erred...

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