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STATE v. SHELTON

No. DA 07-0317.

191 P.3d 420 (2008)

2008 MT 282

345 Mont. 330

STATE of Montana, Plaintiff and Appellee, v. Robert Jonathan SHELTON, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided August 12, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender, Lisa S. Korchinski, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, Tammy K Plubell, Assistant Attorney General; Helena, Montana, Wyatt Glade, Custer County Attorney; Miles City, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Robert Jonathan Shelton, Jr. ("Shelton") was convicted by a jury of operating an unlawful clandestine laboratory. Prior to trial, he moved to suppress evidence gathered from a third party's apartment. Shelton appeals the District Court's order denying his motion to suppress. We affirm.

¶ 2 We restate the issues as follows:

¶ 3 I. Did the District Court err in denying...

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