STATE v. SIMMONS

No. 920800-CA.

866 P.2d 614 (1993)

STATE of Utah, Plaintiff and Appellant, v. David SIMMONS and Patricia Kay Simmons, Defendants and Appellees.

Court of Appeals of Utah.

December 29, 1993.


Attorney(s) appearing for the Case

Jan Graham, State Atty. Gen., Kenneth A. Bronston, Asst. Atty. Gen. (Argued), Salt Lake City, for plaintiff and appellant.

Jay D. Edmonds (Argued), Salt Lake City, for defendant and appellee David Simmons.

John Blair Hutchinson, Florence & Hutchinson, Ogden, for defendant and appellee Patricia Simmons.

Before BENCH, DAVIS and JACKSON, JJ.


OPINION

DAVIS, Judge.

Appellant, the State of Utah, filed this interlocutory appeal from the trial court's suppression order. Appellees, David Simmons and Patricia Kay Simmons, have been charged with possession of a controlled substance with the intent to distribute within 1000 feet of a child care facility or with a person younger than eighteen years. Utah Code Ann. § 58-37-8(1) & (5) (Supp.1993). We affirm...

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