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STATE v. SOUTH

No. 930362-CA.

885 P.2d 795 (1994)

STATE of Utah, Plaintiff and Appellee, v. Jeffery Earl SOUTH and Dianna South, Defendants and Appellants.

Court of Appeals of Utah.

Rehearing Denied December 5, 1994.

Attorney(s) appearing for the Case

Kathryn D. Kendell (Argued), American Civil Liberties Union of Utah Foundation, Inc., Salt Lake City, Nathan Hult, Logan, for appellant.

Gary O. McKean, Cache County Atty., Jeffrey "R" Burbank, Deputy Cache County Atty., Patrick B. Nolan (Argued), Deputy County Atty., Logan, for appellee.

Before BENCH, DAVIS and GREENWOOD, JJ.

OPINION

GREENWOOD, Judge:

Defendants Jeffery Earl South and Dianna South appeal their convictions of possession of a controlled substance and possession of drug paraphernalia within 1000 feet of a church, class A misdemeanors, in violation of Utah Code Ann. §§ 58-37-8 and 58-37a-5 (1994). Defendants argue that the search of their home violated their state and federal constitutional rights. Further, defendants argue that the proximity of an offense...

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