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STATE v. WELLS

No. 950773-CA.

928 P.2d 386 (1996)

STATE of Utah, Plaintiff and Appellee, v. Stephen Laine WELLS, Defendant and Appellant.

Court of Appeals of Utah.

November 21, 1996.

Attorney(s) appearing for the Case

Elizabeth A. Bowman and Linda M. Jones, Salt Lake Legal Defender Association, Salt Lake City, for Defendant and Appellant.

Jan Graham, Attorney General, and Marian Decker, Assistant Attorney General, Salt Lake City, for Plaintiff and Appellee.

Before ORME, P.J., and BENCH and BILLINGS, JJ.

OPINION

BILLINGS, Judge:

Stephen Wells appeals his conviction of attempted possession of a controlled substance, a class A misdemeanor, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1994). Wells claims the trial court erred when it denied his motion to suppress evidence. We reverse and remand.

FACTS

Because search and seizure issues are fact sensitive, "we recite the facts in detail." State v. Naisbitt,

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