STATE v. DAVIS

No. 870221-CA.

769 P.2d 840 (1989)

STATE of Utah, Plaintiff and Respondent, v. Thomas Eugene DAVIS, Defendant and Appellant.

Court of Appeals of Utah.

February 21, 1989.


Attorney(s) appearing for the Case

Elizabeth Bowman, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Salt Lake City, for plaintiff and respondent.

Before BENCH, GARFF and GREENWOOD, JJ.


GARFF, Judge:

Appellant Thomas E. Davis appeals the trial court's denial of his motion for return of money taken from his possession at the time of his arrest. We reverse.

On October 30, 1985, appellant and four other persons were arrested and charged with two counts of forgery. Appellant was searched at the time of his arrest. Cash, in the amount of $277.38, was found in his possession and was impounded by police as evidence.

Initially, one of the...

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