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STATE v. CRUZ

No. 910618-CA.

838 P.2d 83 (1992)

STATE of Utah, Plaintiff and Appellant, v. Leon CRUZ, Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied October 27, 1992.

Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen., and J. Kevin Murphy, Asst. Atty. Gen. (argued), Salt Lake City, for plaintiff and appellant.

Stephen A. Laker, Public Defender Ass'n (argued), Ogden, for defendant and appellee.

Before GARFF, ORME and RUSSON, JJ.

OPINION

GARFF, Judge:

The State of Utah appeals from a final judgment of dismissal wherein the trial court, having previously suppressed evidence supporting the charges against appellee Leon Cruz, dismissed the charges. We reverse.

FACTS

We draw the facts from the court's memorandum decision supporting its order to suppress:

On April 18, 1991, Detectives Vaughn and Ashment were driving up 26th Street in Ogden when they noticed a...

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