STATE v. RIBE

No. 920234-CA.

876 P.2d 403 (1994)

STATE of Utah, Plaintiff and Appellee, v. Arthur RIBE, Defendant and Appellant.

Court of Appeals of Utah.

May 26, 1994.


Attorney(s) appearing for the Case

Robert Breeze (argued), Salt Lake City, for appellant.

Todd A. Utzinger, Asst. Atty. Gen., (argued), Jan Graham, State Atty. Gen., Salt Lake City, for plaintiff.

Before BENCH, BILLINGS and ORME, JJ.


OPINION

ORME, Associate Presiding Judge:

Defendant entered a conditional guilty plea to possession of a controlled substance with intent to distribute, a third degree felony, in violation of Utah Code Ann. § 58-37-8(1)(a)(iv) (Supp.1992). Defendant now appeals the denial of his motion to suppress evidence that the State concedes was seized in violation of Utah's knock-and-announce statute, Utah Code Ann. § 77-23-10 (1990). We reverse.

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