STATE v. RUIZ

No. 920126-CA.

843 P.2d 1044 (1992)

STATE of Utah, Plaintiff and Appellee, v. Rene RUIZ, Defendant and Appellant.

Court of Appeals of Utah.

December 11, 1992.


Attorney(s) appearing for the Case

Lisa J. Remal and Elizabeth Holbrook, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, State Atty. Gen., and J. Kevin Murphy, Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee.

Before GREENWOOD, JACKSON and ORME, JJ.


JACKSON, Judge:

Defendant appeals his 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 affirm.

FACTS

On June 5, 1990, a magistrate issued a search warrant authorizing police to search for narcotics at defendant's residence in Salt Lake City, Utah. The warrant allowed the police to enter "day or night" and without notice. The search warrant was issued...

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