STATE v. ROWE

No. 890396-CA.

806 P.2d 730 (1991)

STATE of Utah, Plaintiff and Appellee, v. Keeley Laursen ROWE, Defendant and Appellant.

Court of Appeals of Utah.

February 8, 1991.


Attorney(s) appearing for the Case

Shelden R. Carter (argued), Harris, Carter & Harrison, Provo, for defendant and appellant.

R. Paul Van Dam, Atty. Gen., Christine F. Soltis (argued), Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee.

Before GARFF, JACKSON and ORME, JJ.


OPINION

ORME, Judge:

Defendant appeals her conviction of possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a)(i), (b)(ii) (1989). We reverse.

FACTS

On October 7, 1988, a search warrant was issued and executed which authorized police to search for narcotics in the residence of Stan Swickey in Leeds, Utah. The warrant contained provisions which allowed police to enter "day or night...

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