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STATE v. CARPENA

Nos. 20830, 20831.

714 P.2d 674 (1986)

The STATE of Utah, Plaintiff and Appellant, v. George T. CARPENA and George Aguilar, Defendants and Respondents.

Supreme Court of Utah.

February 4, 1986.

Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., Salt Lake City, Les Daroczi, Deputy County Atty., Ogden, for plaintiff and appellant.

Deirdre Gorman, Randy Richards, Ogden, for defendants and respondents.

PER CURIAM:

Defendants were arrested and charged with possession of a controlled substance (marijuana) with intent to distribute for value. On motion of defendants, the charges were dismissed and the State appeals. Affirmed.

A police officer patrolling a neighborhood in which a rash of burglaries had recently occurred observed at 3:00 a.m. a slowly moving automobile with Arizona plates. Defendants and another man...

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