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STATE v. LYBERT

No. 13352.

520 P.2d 214 (1974)

The STATE of Utah, Plaintiff and Respondent, v. Teddy Lee LYBERT and Ruben Gonzales, Defendants and Appellants.

Supreme Court of Utah.

March 18, 1974.

Attorney(s) appearing for the Case

Bruce C. Lubeck, F. John Hill, of Salt Lake Legal Defender Ass'n, Salt Lake City, for defendants and appellants.

Vernon B. Romney, Atty. Gen., David L. Wilkinson, M. Reid Russell, Earl F. Dorius, Salt Lake City, for plaintiff and respondent.

CALLISTER, Chief Justice:

Defendant and one Ruben Gonzales were convicted of the crime of burglary in the second degree.1 Gonzales' conviction was affirmed by this court.2

On this appeal, Lybert maintains that the trial court erred in (1) holding that the arrest of defendant was lawful as well as the search of the vehicle in which he was riding and (2) that the court erred in not disqualifying State...

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