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STATE v. PERRONE

No. 18856.

872 S.W.2d 519 (1994)

STATE of Missouri, Plaintiff-Appellant, v. Charles PERRONE, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer Denied February 22, 1994.

Application to Transfer Denied April 26, 1994.

Attorney(s) appearing for the Case

John D. Beger, Pros. Atty., Patrick L. King, Asst. Pros. Atty., Phelps County, Rolla, for plaintiff-appellant.

Lee H. Bushie, Dietzmann & Bushie, Rolla, for defendant-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 22, 1994.

PREWITT, Judge.

The state appeals the trial court's sustaining of defendant's motion to suppress. The issue presented to the trial court was whether there was probable cause to search a vehicle defendant was operating. By their briefs, the parties agree on the facts relevant to this issue. Quoting, they are:

On February 13, 1993, at approximately 8:27 a.m. [Missouri State...

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