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STATE v. POTTER

No. 920579-CA.

860 P.2d 952 (1993)

STATE of Utah, Plaintiff and Appellee, v. Devon Boyd POTTER, Defendant and Appellant.

Court of Appeals of Utah.

September 8, 1993.

Attorney(s) appearing for the Case

Jan Graham and J. Kevin Murphy, Salt Lake City, for defendant and appellant.

Mark T. Ethington, Murray, for plaintiff and appellee.

Before BENCH, GREENWOOD and RUSSON, JJ.

OPINION

RUSSON, Associate Presiding Judge:

The State of Utah appeals the trial court's order granting Devon Boyd Potter's motion to suppress evidence of possession of a controlled substance, a class B misdemeanor, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (Supp.1993), and possession of drug paraphernalia, a class B misdemeanor, in violation of Utah Code Ann. § 58-37a-5 (1990). We affirm.

FACTS

At about 10:30 p.m. on February...

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