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STATE v. ROWE

No. 910165.

850 P.2d 427 (1992)

STATE of Utah, Plaintiff and Petitioner, v. Keeley L. ROWE, Defendant and Respondent.

Supreme Court of Utah.

September 28, 1992.

Attorney(s) appearing for the Case

R. Paul Van Dam, Christine Soltis, Salt Lake City, for plaintiff and petitioner.

Shelden R. Carter, Provo, for defendant and respondent.

HALL, Chief Justice:

The State of Utah seeks review of a court of appeals decision reversing the conviction of Keeley L. Rowe on the ground that the evidence used against her was seized in violation of the nighttime search provision of Utah Code Ann. § 77-23-5.1 We reverse the court of appeals and reinstate the conviction.

The parties do not dispute the facts. On October 7, 1988, a Washington County magistrate issued a search...

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