Although the state bears the burden of justifying a warrantless search and demonstrating that the search falls within an exception to the warrant requirement state v burkhardt 795 sw2d 399 404 mo banc 1990 this is not a case in which the state did not carry its burden of producing evidence section 5422966 rsmo 1994 state v. The circuit court sustained marquess motion to suppress and the state filed this interlocutory appeal because we are unable to ascertain from the record the timing of marquess objection to the searchcrucial to determining whether the officers search was lawfulwe remand to the circuit court for further evidence. Opinion for state v marquess 811 p2d 375 168 ariz 123 brought to you by free law project a non profit dedicated to creating high quality open legal information. Docket no no wd 56037 judges paul m spinden judge attorneys peggy gustafson pros atty kansas city for appellant. Gary marquess pled guilty to first degree burglary committed in february 1987 he was sentenced under the unified sentencing act to an indeterminate six year term in the custody of the idaho board of correction ic 19 2513 he has appealed contending that his sentence is excessive recently we held in state v
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