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STATE v. BEAVERS

No. 920056-CA.

859 P.2d 9 (1993)

STATE of Utah, Plaintiff and Appellee, v. Michael Dean BEAVERS, Defendant and Appellant.

Court of Appeals of Utah.

August 13, 1993.

Attorney(s) appearing for the Case

Ronald S. Fujino and Roger K. Scowcroft, Salt Lake City, for defendant and appellant.

Jan Graham and Christine F. Soltis, Salt Lake City, for plaintiff and appellee.

Before BILLINGS, GARFF and ORME, JJ.

OPINION

ORME, Judge:

Defendant appeals his convictions for theft, a second degree felony, in violation of Utah Code Ann. § 76-6-404 (1990) and burglary, a third degree felony, in violation of Utah Code Ann. § 76-6-202 (1990). He contends that police acquired evidence by way of a constitutionally improper, warrantless seizure and that the trial court therefore erred in denying his motion to suppress evidence. We agree and reverse.

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