STATE v. SERY

No. 860333-CA.

758 P.2d 935 (1988)

STATE of Utah, Plaintiff and Respondent, v. Mark Joseph SERY, Defendant and Appellant.

Court of Appeals of Utah.

July 27, 1988.


Attorney(s) appearing for the Case

Karen Stam (argued), Joan C. Watt, Salt Lake Legal Defender Assoc., Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Kimberly Hornak (argued), Asst. Atty Gen., for State.

Before JACKSON, ORME and DAVIDSON, JJ.


OPINION

JACKSON, Judge:

Defendant Mark Joseph Sery appeals his conviction for unlawful possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1986). We reverse the trial court's denial of defendant's suppression motion and remand for withdrawal of the plea of no contest underlying the judgment of conviction.

On May 22, 1986, Sery arrived at Salt Lake International Airport at 11:05 a.m...

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