STATE v. MAGNER

No. 1 CA-CR 97-0267.

956 P.2d 519 (1998)

191 Ariz. 392

STATE of Arizona, Appellee, v. Daniel Joseph MAGNER, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied May 19, 1998.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Jack Roberts, Assistant Attorney General, Phoenix, for Appellee.

Ronald S. Lowy, Miami Beach, FL, for Appellant.


OPINION

SULT, Judge.

¶ 1 Daniel Magner ("defendant") appeals from his convictions and sentences for possessing and transporting marijuana for sale. He asserts his convictions are founded upon evidence seized as a result of an illegal detention of his person. We agree and therefore reverse.

BACKGROUND

¶ 2 On Tuesday, November 28, 1995, Department of Public Safety Officer Jeff Brownlee ("Brownlee") stopped defendant on Interstate...

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