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STATE v. SOUTH

No. 930362-CA.

932 P.2d 622 (1997)

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

Court of Appeals of Utah.

January 30, 1997.

Attorney(s) appearing for the Case

Kathryn D. Kendell, American Civil Liberties Union of Utah Foundation, Inc., Salt Lake City, and Nathan Hult, Logan, for Defendants and Appellants.

Jan Graham, Attorney General, and Todd A. Utzinger, Assistant Attorney, Salt Lake City, and Gary O. McKean, Cache County Attorney, Jeffrey "R" Burbank and Patrick B. Nolan, Cache Deputy County Attorneys, Logan, for Plaintiff and Appellee.

Before DAVIS, P.J., and BENCH and GREENWOOD, JJ.

OPINION

GREENWOOD, Judge:

The State seeks affirmance of the convictions of Jeffery Earl and Dianna South of possession of a controlled substance within 1000 feet of a church, and possession of drug paraphernalia, class A misdemeanors, in violation of Utah Code Ann. §§ 58-37-8 and 58-37a-5 (1994), on the ground that the trial court erred in concluding the search of the Souths' home exceeded the scope of the search warrant. The trial court determined...

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